Acknowledgments

SPONSORS: International Boundary and Water Commission Department of the Interior Secretaría de Medio ambiente y Recursos Naturales Sección mexicana de la Comisión Internacional de Límites y Aguas Comisión Nacional del Agua XVI Ayuntamiento de Universidad Autónoma de Baja

U.S. ADVISORY COMMITTEE: Bobby Ybarra, International Boundary and Water Commission Lorri Gray, U.S. Bureau of Reclamation Sam Spiller, U.S. Fish & Wildlife Service Michael Cohen, Pacific Institute Jennifer Pitt, Environmental Defense James Davenport, River Commission of

MEXICO ADVISORY COMMITTEE: Francisco A. Bernal Rodríguez, Comisión Internacional de Límites y Aguas Jesús Luévano Grano, Comisión Internacional de Límites y Aguas Luis Antonio Rascón Mendoza, Comisión Internacional de Límites y Aguas Adriana Reséndez Maldonado, Comisión Internacional de Límites y Aguas Dalia Bali Cohen, Secretaría de Medio Ambiente y Recursos Naturales José Campoy Favela, Comisión Nacional de Aveas Natuales Protegidas Francisco Rodríguez Rodríguez, Ayuntamiento de Mexicali José Trejo Alvarado, Comisión Nacional del Agua Guillermo Torres Moye, Universidad Autónoma de Efraín Muñoz Martín, Gobierno del Estado de Baja California José Gutiérrez Ramírez, Comisión Nacional del Agua Saúl Alvarez Borrego, CICESE Salvador Galindo Bect, Universidad Autónoma de Baja California

Special thanks to the Autónomous University of Baja California for allowing the use of their facilities for the event.

The proceedings are the direct result of transcribed audio tape recordings from the event. Some of the presentations provided are verbatim (indicated) while all others are summarized and have been reviewed by the presenters.

WATER EDUCATION FOUNDATION STAFF: Transcript: Secretarial Support Services S. Joshua Newcom, proceedings editor Layout: Curt Leipold, Graphic Communications COLORADO Gary Pitzer, technical assistance Printing: Paul Baker Printing RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 1 Table of Contents

Minute 306 ...... 3

Agenda ...... 6

Tuesday, September 11 Opening Session...... 11

Panel I, Legal & Institutional, Laws and International Institutions ...... 20 Q&A ...... 25

Panel I, Legal & Institutional, Legal Matters of the U.S. and ...... 27 Q&A ...... 31

Panel II, Conveyance Systems, U.S. System ...... 32 Q&A ...... 36

Panel II, Conveyance Systems, Mexico Colorado River System...... 38 Q&A ...... 41

Wednesday, September 12 Panel III, Technical and Scientific Studies, Habitat and Species ...... 46 Q&A ...... 51

Panel III, Existing Restoration Projects ...... 54 Q&A ...... 61

Closing Remarks ...... 65

Attendee Appendix ...... 67

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 2 Minute

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 3 Minute

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 4 Minute

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 5 Agenda

UNITED STATES – MEXICO COLORADO RIVER DELTA SYMPOSIUM September 11-12, 2001 University Theatre of the Autonomous University of Baja California Mexicali, Baja California

– TUESDAY, SEPTEMBER 11, 2001 –

OPENING SESSION Master of Ceremonies: Teodoro Pérez V. (UABC)

8:00 a.m. - 8:55 a.m. Opening Remarks Víctor E. Beltrán Corona, Rector, Autonomous University of Baja California

Symposium Objective J. Arturo Herrera Solís, Mexican Commissioner, International Boundary and Water Commission, United States and Mexico Carlos Ramírez, United States Commissioner, International Boundary and Water Commission, United States and Mexico

United States Department of Interior message Bennett W. Raley, Assistant Secretary for Water and Science, Washington, D.C., United States

Mexican Secretariat of Environment and Natural Resources message Olga Ojeda Cárdenas, Head of International Affairs Coordinating Office

Secretariat of Foreign Relations message Alberto Székely, Advisor for the Secretary of Foreign Relations

Department of State message Dennis Linsky

Mexicali Mayor’s Message Víctor Hermosillo Celada

Inauguration and message by the Governor of the State of Baja California Alejandro González Alcocer

COLORADO Dignitaries’ Departure Master of Ceremonies RIVER DELTA BI-NATIONAL Delta Overview Film States of Nevada and Baja California SYMPOSIUM PROCEEDINGS

ENGLISH 6 Agenda SYMPOSIUM ORIENTATION & LOGISTICS

General Coordinators: Francisco Bernal Rodríguez, IBWC Mexican Section Robert M. Ybarra, IBWC U.S. Section

PANEL I – LEGAL & INSTITUTIONAL

Coordinators: Dalia Bali Cohen / Jose Gutierrez David Getches / Jim Davenport

9:00 a.m. - 1:00 p.m. Moderators: Mexico – Jaime Tinoco, CNA Border Activities United States – David Getches, University of Colorado Jim Davenport, Colorado River Commission of Nevada

9:15 a.m. - 10:45 a.m. LAWS AND INTERNATIONAL INSTITUTIONS

Laws and International Institutions United States and Mexico Relative to the Colorado River José de Jesús Luevano Grano, Secretary Mexican Section, IBWC David van Hoogstraten, Department of State

Laws and Multi-lateral Institutions For the Use of Transboundary Waters and Environmental Protection Jaime Palafox, Private Consultant, Washington D.C.

10:45 a.m. - 11:00 a.m. Break

11:00 a.m. - 1:00 p.m LEGAL MATTERS OF MEXICO AND UNITED STATES

Legal Aspects in the U.S. Relative to the Upper Basin of the Colorado River Jim Lochhead, Brownstein, Hyatt and Farber, P.C.

Legal Aspects in the U.S. Relative to the Lower Basin of the Colorado River Gary Weatherford, Weatherford and Taaffe, LLP

Legal Aspects in Mexico Relative to Water Management Mario Alfonso Cantú Suárez, National Water Commission, Mexico City, D.F.

1:00 a.m. - 2:00 p.m. Lunch at Meeting Auditorium hosted by U.S. Basin States

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 7 Agenda PANEL II – CONVEYANCE SYSTEMS

Coordinators: Francisco A. Bernal and Lorri Gray

2:00a.m. - 6:00 p.m. Moderators: Mexico: Alfonso Andrés Cortéz Lara, COLEF United States: Bill Rinne, USBR Lower Colorado Region

2:00 a.m. - 3:45 p.m. CONVEYANCE SYSTEMS AND INFRASTRUCTURE IN THE COLORADO RIVER BASIN IN THE UNITED STATES

Operations Aspects relative to Colorado River Water Management in the Upper Basin Tom Ryan, USBR Colorado River Upper Basin Salt Lake City, UT

Operations Aspects relative to Colorado River Water Management in the Lower Basin Jayne Harkins, USBR Colorado River Lower Basin Boulder City, NV

Plumbing in Yuma Area Jim Cherry, USBR, Yuma, AZ

Colorado River Water Deliveries Under the 1944 Water Treaty Carlos Marin, Principal Engineer, USIBWC

3:45 a.m. - 4:00 p.m. Break

4:00 a.m. - 5:45 p.m. CONVEYANCE SYSTEMS AND INFRASTRUCTURE IN THE COLORADO RIVER BASIN IN MEXICO

Operations Aspects relative to Colorado River Water Management in Mexico Francisco A. Bernal Rodríguez, Mexican Section, IBWC. Mexicali Office Jose Trejo Alvarado, Director Mexicali Irrigation District

Assignment of Colorado River Water in Mexico for Urban use: Current Situation and Future Perspectives Luis López Moctezuma Torres, Private Consultant, Baja California

6:00 p.m. Conclusion of Activities

COLORADO 7:30 p.m. - 10:00 p.m. Reception offered by Mexicali Mayor’s RIVER DELTA BI-NATIONAL at Hotel Araiza Inn. SYMPOSIUM PROCEEDINGS

ENGLISH 8 Agenda

– WEDNESDAY, SEPTEMBER 12, 2001 –

PANEL III – ENVIRONMENTAL ISSUES AND TECHNICAL AND SCIENTIFIC STUDIES

Coordinators: Jose Campoy Favela, Michael Cohen

7:00 a.m. - 5:45 p.m. Poster Session (See Annex).

8:00 a.m. - 10:30 a.m. SPECIES AND HABITAT IN THE COLORADO RIVER DELTA AND UPPER

Moderator: Exequiel Ezcurra, National Ecology Institute of Mexico

Delta Habitats Edward Glenn, University of , Environmental Research Laboratory

Upper Gulf of California Saúl Álvarez Borrego, Center for Higher Studies and Scientific Research – Ensenada

Habitat Response to Changes in Flow Regimes Francisco Zamora, Conservation International Gulf of California Program – Guaymas

Aquatic Birds and Mammals Eric Mellink, Center for Higher Studies and Scientific Research – Ensenada

Neotropical Migratory Species Charles Van Riper, USGS Science Center for Forest and Rengeland Ecosystems – Flagstaff

Upper Gulf Invertebrates Karl Flessa, University of Arizona Geo-Sciences Department

Water Quality Jaqueline García, Centro de Investigación en Alimentación y Desarrollo, A.C., CIAD, Guaymas

Wetlands and Estuarine Ecology Nicholas P. Yensen, NyPA International-Tucson

10:30 a.m. – 10:45 a.m. Refreshment Break

10:45 a.m. - 1:00 p.m. EXISTING RESTORATION PROJECTS Moderator: Guillermo Torres Moye, Autonomous University of Baja California

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 9 Agenda

Cottonwood and Willow Restoration Mark Briggs – Carlos Valdez

Community Participation in Restoration Projects Elena Chavarría,

Lower Colorado River Multi-Species Conservation Program Chris Harris, Colorado River Board of California- Glendale

Purchase of Water Rights Michael Clinton, Michael Clinton Engineering – Las Vegas, NV

River Restoration Experiences in Mexico Alberto Jaime Paredes, Mexico’s National Water Commission

Restoration Projects and Community Participation in the Upper Gulf Peggy Turk-Boyer, Cultural Center for Desert and Ocean Studies (CEDO, A.C.)

Administration of the Biosphere Reserve José Campoy Favela, Director-Upper Gulf of California & Colorado River Delta Biosphere Reserve

Research Programs in the Delta/Upper Gulf Andrea Kaus,University of California-Riverside

1:00 p.m. - 3:00 p.m. Lunch offered by Mexico’s National Water Commission and Poster Session

3:00 p.m. - 4:00 p.m. Conclusions/Follow Up Actions/Close

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 10 Tuesday, September 11, 2001 tury, the region also is facing unprecedented Opening Session risks. There are still problems with water man- agement, salinity and pollution. Mexico’s president, Vincente Fox, established VICTOR EVERARDO BELTRAN CORONA in his administration that water is an element of DIRECTOR, AUTONOMOUS UNIVERSITY national security and part of the strategic development for the country. Because restoring OF BAJA CALIFORNIA: the Delta is such an important area requiring On behalf of the university, Mr. Beltran much effort, it is best to avoid conflict. Stopping expressed his feelings of concern for the events the damage to the Delta is imperative before it is of September 11 in the United States. He wel- irreversible. It is essential to maintain a high comed participants and attendees, stating the quality of life for future generations. waters of the Colorado River had brought people together at the conference, providing an opportunity to reach agreements on the Colo- J. ARTURO HERRERA SOLÍS rado River Delta (Delta) that will benefit popula- MEXICAN COMMISSIONER, tions on both sides of the border. The river has INTERNATIONAL BOUNDARY AND given life and progress to both countries and to WATER COMMISSION (VERBATIM): the cities and towns in the Imperial and Mexicali It gives me great pleasure to see several valleys. Mexican and US organizations coming together The university has a goal of contributing to a with one common goal: The conservation of the democratic and equitable society, as well as the Colorado River Delta. environment, by providing educated citizens The effort undertaken by such organizations that can address the problems facing the envi- as the Mexican Department of the Environment ronment including the Delta and the Gulf of and National Resources (SEMARNAT) and the California. This is especially true when address- National Water Commission (CNA), the Govern- ing the state of Baja California where one of the ment of Baja California and the Municipality of biggest challenges is water supply. Both nations Mexicali, the IBWC itself and the Department of recognize this ecosystem as a special resource the Interior of the United States, constitute a that cannot be substituted with another resource. clear demonstration on the part of the adminis- Taking the ecosystem into consideration, along tration of our President Fox and that of his with social and economic development, will counterpart, President Bush, that the issue of the require the efforts of the region’s inhabitants, Colorado River is one of the primary topics on many of whom have lived there for a long the Mexico-United States border agenda. period of time. For them, the Delta is a source of I must mention the trend being experienced in life. this issue. By that I mean that the contributions The privilege of having the Delta as a re- made by non-governmental organizations and source makes the populations that use the academic groups will be of great value for Colorado River responsible for maintaining its defining the courses of action demanded by this sustainability. The Colorado River ecosystem important body of water. extends from the to the Gulf, This is the reason why we have come together creating one of the most important habitats in in the Auditorium of the Autonomous Univer- nature, the Delta, where more than 200 species sity of Baja California, one of the most important live in harmony in a combination of fresh water centers of higher education in the northwestern COLORADO and sea water. We should feel proud of the life part of our country. We extend our most sincere RIVER DELTA generated by these conditions but in this cen- appreciation to its distinguished Rector, Victor BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 11 Beltrán Corona, CPA, since without his support CARLOS RAMIREZ this event would not have been possible. UNITED STATES COMMISSIONER, The Colorado River in the Mexican territory INTERNATIONAL BOUNDARY AND WA- has a Delta that is unique in today’s world, as TER COMMISSION (VERBATIM): the waters that gave it its original form have Good Morning. The International Boundary been used by both Mexico and by the United and Water Commission has the pleasure of States primarily for urban and agricultural joining with officials of the United States and purposes, which has allowed the development Mexico in welcoming you to participate in the of the states of Baja California, the northwest of United States-Mexico Colorado River Delta Sonora, California, Arizona, Nevada, New Symposium. Mexico, Colorado, and . We are especially pleased and honored to The cost of this development, whose benefits express our appreciation to the Autonomous are enjoyed by tens of millions of people, is that University of Baja, California and the City of the Delta of this river tends to be dry. Mexicali for providing these facilities. In this context, any changes made to the way This Commission in partnership with the the basin north of the is managed, United States Department of the Interior and which would result in this body receiving even Mexico’s Secretariat of Environment and Na- less water, are cause for permanent concern in tional Resources entrusted the preparations for Mexico this symposium six months ago to our bi- As a matter of fact, Mexico has already national planning group. We appreciate the expressed through diplomatic channels its hard work and dedication to the task of conven- disagreement with any modifications in the ing this forum as a means of providing a techni- operation or infrastructure of existing and future cal information base to stakeholders in the two projects that affect the quality and availability of countries concerning this part of the Colorado the water in Mexico, including the Colorado River system. River Delta. This planning group, made up of govern- Therefore, it is of prime importance to quickly ment, academic and non-government organiza- identify the means and actions that are needed tions, did a remarkable job of establishing for recovering this body of water, which reflects mutually acceptable terms of reference for this the relevance of this symposium. symposium. But most importantly, for the During the following two days we will have politically sensitive subject that is the Colorado the opportunity to take a detailed look at the River system, we take great pleasure in stating legal aspects that have a bearing on the manage- those terms in the form of the following sympo- ment of the flow, the operating conditions of the sium objectives. hydraulic infrastructure and the level of under- In recognition of the respective governments standing with regard to the ecological needs of interest in the preservation of the riparian and the Delta. estuarine ecology of the Colorado River in the Consequently, this symposium will become limitrophe section and its associated delta, the one of the ways I have pointed out for identify- main objectives of the symposium are to im- ing in the short term the actions necessary for prove the knowledge base of expert stakeholders protecting the ecological environment of this and decision makers on institutional and legal body of water. matters, water conveyance and distribution Gentlemen, you have the floor and I wish you matters, ecological scientific studies, and to COLORADO the greatest success in your presentations. RIVER DELTA identify Colorado River delta system needs and BI-NATIONAL obstacles to meeting those needs. SYMPOSIUM PROCEEDINGS

ENGLISH 12 We look forward to hearing from the various BENNETT W. RALEY panels of Colorado River system experts in the ASSISTANT SECRETARY FOR next two days. There is much to learn. This WATER AND SCIENCE, UNITED STATES symposium is not intended to provide immedi- DEPARTMENT OF THE INTERIOR ate cooperative projects. We would expect that out of this symposium the United States and (VERBATIM): Mexico will have a group of stakeholders and Thank you. I thank the Mayor, this fine city decision makers that is more informed in these and the university for this opportunity. We all three disciplinary areas. Two days is a short know that there have been tragic events in the time to cover all the details for many of the United States, but our history teaches us that we subjects discussed of this symposium. cannot let events like that take us from the The United States is, of course, aware of course of working together. Our nations have a Mexico’s concerns regarding developments in shared destiny, and the issues that we deal with, the United States of those waters that are re- the bonds that we have, the communications we served to the United States. These are matters will share are essential for those of us as free that are being addressed by the two govern- people to continue to do the work that our ments through appropriate consultative pro- citizens would have us do regardless of outside cesses. forces. So it’s with somewhat of a heavy heart The United States supports this symposium to but a resolve to stay the course, to focus on what further the objective to provide expert stake- can be done here because that has enduring holders and decision makers in both countries a importance. new level of knowledge in the areas of legal and I would like to offer some remarks on behalf institutional issues in the conveyance system of the Department of the Interior. I would issues and the environmental issues. particularly like to thank the Mexican Section of The decision makers in both countries, when the International Boundary and Water Commis- you have more knowledge to help implement sion (IBWC) and the University for their hard whatever technical summaries come from this work in putting this together. meeting, this is itself a significant progress. Issues regarding the ecological status of the There is significant amount of knowledge of a Colorado’s Delta have emerged on both sides of technical nature that is to be shared in these next our shared border in recent years. On behalf of two days. The United States invites and encour- Secretary Norton, I want to reaffirm and empha- ages participants to adhere to the symposium size the commitment of the Department of the objective. Interior to work together with all interested We are very pleased to know that this plan- parties to seek out creative, cooperative solu- ning group considered that a key element of this tions to conservation issues in the Delta through symposium will be that of memorializing the the IBWC process established under Minute 306, proceedings in the form of a publication. We which was signed by the United States and the will make every effort possible in this process to Republic of Mexico this past December. have the proceedings available to the public by The first step contemplated is this very the end of the year. important conference which provides an oppor- Thank you and good luck in your endeavors. tunity for discussion of important technological issues, including the law applicable to the Colorado River and the ecological status of the

Delta region. COLORADO Secretary Norton and I both recognize that the RIVER DELTA Mexican Delta is an important ecological re- BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 13 source, and we support the process that is in Further, we know that our history, our place to identify the issues and to search for common history, is that the United States and appropriate means to address them. We also Mexico achieved a treaty in 1944 after decades of believe that the goal of this conference, which is debate. We remain committed to honor and to establish a shared factual understanding of protect the compromise between our two current conditions, is the appropriate starting nations which is embodied in the treaty and point for any effort to address these issues. In which has allowed the waters of the Colorado to fact, this conference grew, in part, out of a be harnessed and fully utilized on both sides of specific request for a greater understanding of the international border. the Delta region that emerged from discussions I mention this sensitive history to contrast it between the United States stakeholders and the with the progress our basin states, the seven federal government last year. states within the United States of the Colorado As we proceed with this conference and with River Basin, have made recently in fashioning Delta discussions, we believe that this effort consensual approaches to a number of difficult should be guided by five fundamental prin- and long-standing problems. ciples. First, the Delta calls for a bi-national Nevada and Arizona have negotiated an approach which fully respects the sovereignty of innovative method for storing water that can both nations. Second, sound science and de- stretch the river’s supply to meet Nevada’s tailed knowledge must be the foundation of impending needs. In California, new proposals every proposal for action. Third, the solution for conservation in agricultural use are facilitat- must fit within the existing framework. Fourth, ing transfers to meet metropolitan demand the process should serve as a forum for the free through voluntary agreements. Similarly, all exchange of information. And fifth, and perhaps basin states have come together to support a most importantly, it is critical that we seek plan that will permit California to bring its solutions that are positive for stakeholders on Colorado River uses within its entitlement. All both sides of the border. these efforts show the value of consensus-based I want to emphasize this last point. The negotiation. They also demonstrate how tightly Colorado River, from its headwaters in the State allocated the Colorado River is within the of Colorado to its final destination in the Gulf of available supply. California, is a vital water lifeline for the most In moving forward with the next important arid region of North America. agenda items for the Colorado, and particularly Within the United States, it’s been called the those involving the Colorado River Delta, we River of Controversy, and the limited waters of cannot jeopardize these innovative foundations the Colorado have indeed been the source of that are essential to the future administration of numerous, and at times bitter, domestic conflicts. the river. Our Upper Basin states have struggled to protect In addition, the United States faces its own set their right to future development in light of the of difficult issues with respect to the drainage faster growing population centers in lower basin bypass flows to the Cienega de Santa Clara cities. which have been recognized as an important Arizona has repeatedly sought judicial help to wetland habitat within the Delta region. The protect its claims on the river. California has United States government, however, has a had to confront the limits of its entitlement even national obligation to replace the bypass flows as its needs have grown dramatically, and the for water users in the United States. We are COLORADO same is true for Nevada who has to deal with hopeful that innovative solutions can be found RIVER DELTA the explosive growth of the Las Vegas area. which respect the interests of the water users in BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 14 the United States while recognizing and preserv- both countries have responded to the demands ing this vital ecological habitat within the Delta. of an ecosystem that needs prompt attention. I In thinking about opportunities for protecting count myself among those who responded to the ecological values in the Delta, we want to Act 306 of the IBWC with a certain degree of encourage and support exploration of programs exasperation, when I felt that with said Act we in Mexico that can focus on innovative actions to were not able to get past the purely academic effectively stretch existing supplies. Of course, phase, because it needs to be understood that we any such actions would have to be accomplished need immediate and effective measures. Thus, consistent with the principles for this important my connection with this subject is through many effort that I mentioned a moment ago. I recog- of you who are participating in this Symposium nize and look forward to the fact that various and at the same time with those of you who approaches will be advanced in further bi- come from different areas. This is why I am national technical discussions. especially pleased to be able to state, in the name Working through the IBWC, our two nations of the Department of Foreign Relations of can and should fashion a cooperative effort. Let Mexico, the resolve of our country to give an me add, we will fashion a cooperative effort. We active push to our perception of the problem of can and want to be helpful in a variety of ways, the Colorado River Delta, and to begin acting in and scientific expertise is only one of the re- a pragmatic and immediate manner. sources we can potentially contribute to such bi- The defeat of the Harmon Doctrine – men- national cooperative efforts. tioned so often when talking about the Interna- The ecological values of the Delta are extraor- tional Law of international watercourses – has as dinary, supporting hundreds of thousands of an inevitable corollary in the shared responsibil- shore birds and waterfowl as well as providing ity of the states along any course of water and habitat for a number of endangered species of this is not only true with respect to the fair animals, fish and plants. The Delta region also distribution and the different reasonable uses of has great significance for indigenous people as a the water of these international watercourses. fishery and as an emerging destination for Thanks to the advances in International Law, tourism. such as the one registered in 1995 in the United We also recognize the pressing demands Nations Convention on the Rights of Use of imposed by the growing population in the International Watercourses for Purposes other region, a trend that demands significant atten- than Navigation, the environment began to be tion on both sides of our border. We are ready seen as another user in the International Fluvial and willing to work together with the Mexican Law (the international rivers law), different in a government and interested stakeholders to seek way from the states along the watercourses and solutions that are right for the Delta in accord the traditional users. The dramatic unfolding – with our long-standing commitments, both especially during the decades of the seventies national and international. Thank you. and eighties – of Environmental International Law, started to influence the international ALBERTO SZEKELY standards of law of this new concept that ADVISOR TO THE SECRETARY OF resulted in Rio Conference: The Concept of Sustainability, which comes very much to mind FOREIGN RELATIONS (VERBATIM): now that we are discussing the Colorado River Because of several positions I have held, I Delta. The way in which this Basin is being used have had to monitor the Colorado River Delta has a lot to do with the possible solutions to the COLORADO issue and I have always been concerned about water requirements for the survival of the RIVER DELTA the slowness with which the governments of BI-NATIONAL Colorado River Delta. SYMPOSIUM PROCEEDINGS

ENGLISH 15 Up until now, there has been a feeling that diplomatic note, we invited the Government of this has been an issue primarily of interest in the the United States to start diplomatic talks United States. Ironically, we have to admit that concerning each of the issues that make up the this is an issue that was not been pursued on the bilateral agenda of the Colorado River. Every- Mexican side with the same intensity as com- thing that you come up with as a result of this pared to the United States, thanks mostly to the symposium will undoubtedly have a direct genuine interest of a significant number of impact on this negotiation, because you collec- scientists and non-governmental organizations tively represent a series of research efforts that on the American side. This has started to turn were undertaken during the last decades and around. In Mexico there is a growing interest in from which we should now extract practical assuming our fundamental responsibility over consequences. In a Basin of this type, delivery of what is an essentially Mexican ecosystem and, the agreed upon volumes of water does not fortunately, it is happening at the same time in exhaust our bilateral obligations. We have to the governmental and non-governmental enrich the legal framework of our cooperation to sectors. The Mexican Government wants to begin joining efforts and facing the challenges move on to a new phase, leaving the academic that now being identified, many of which are phase, the phase of studies and discussions, and related to sustainability, which is the subject of advance to the action phase. This is why this the Colorado River. symposium is the fitting culmination of a phase This is the great responsibility of this sympo- of intense studies and investigations that will be sium. I am sure that you will make a substantial laid out on the table of this meeting and from contribution that will allow both governments to which we expect – and invite the participants to meet very soon and take immediate and practi- do the same – that specific practical proposals cal measures. These are my fervent desires for all will be realized and become part of the negotia- of you. Thank you very much. tions that should start taking place very soon between both countries, i.e., the table of specific DENNIS LINSKY proposals, based on the best science and the best STATE DEPARTMENT, UNITED STATES understanding of the requirements, not only (VERBATIM): scientific and technical, but also of the real Thank you for that very nice introduction. possibilities to redirect the destiny of the Lower Members of the legal and institutional panel, Basin toward a better future for the Colorado distinguished guests, ladies and gentlemen, I’m River Delta. This symposium must signal the struck by what a difference a week may make. conclusion of the discussion and study and The mood in Washington, as you can imagine research phase, and the start of the launching of right now, I’m sure is very somber. But last week actions on the part of the Governments. it was one of the most jubilant periods I saw in As you well know, the new Government of Washington for a long time. Especially some- Mexico approached the Government of the thing that involved a foreign policy event. I United States during January of this year with think last week’s visit by President Fox was a an important diplomatic note, stating its concern great success. I think it has established a new with regard to a series of matters related to the climate for U.S.-Mexican relations. Colorado River, with the subject of the Delta as President Bush, several times, expressed the part of that diplomatic note. In said diplomatic fact that Mexico is our most important bi-lateral note, we have already stated our concern with issue. Now, we may have problems. We’ll have COLORADO regard to some actions in the United States that disagreements, and we discussed honestly and RIVER DELTA could have consequences for the Colorado River BI-NATIONAL openly, as friends, some of those issues in the Delta, which none of us wants. By means of this SYMPOSIUM meetings of last week. I think the tragic events PROCEEDINGS

ENGLISH 16 of today must temporarily shift our focus on one role in reconciling competing interests and issue for awhile in the United States, but cer- finding mutually beneficial solutions. tainly our effort must be getting back to where “I think earlier today someone said we must our true interests are. I don’t think our interest find some win-win solutions here. It’s not an can be any stronger than they are with Mexico. easy job; there very often aren’t easy solutions. In this line, our undersecretary for global Nevertheless, we just have to keep working at it affairs, Paula Dobrioski, is the person within the until we get it right. This is clearly the case with State Department and within the U.S. govern- the Colorado River where state, municipal, ment who has responsibility for all global or tribal, agricultural and environmental interests trans-boundary issues. She is in charge of the converge, each competing for an increasingly narcotic’s policy and our environmental policies. scarce natural resource, competing and confront- Any real issue that doesn’t effect a single state, ing the demands of growing populations on which is cross-boundary nation, she has respon- both sides of the border. sibility for it. “Let me assure you that we take water issues She asked me to read a statement for her. She very seriously. Secretary of State, Colin Powell, can’t be here today, but she’s not here for a very has launched an ambitious effort to promote good reason. Today she was to meet with a very better management and reduce the tensions senior delegation from Mexico for, I think two associated with scarce water resources world- days, for some conversations on an international wide. In this regard, the Department of State is dolphin conservation program. So at least, if she aware of Mexico’s concerns that certain U.S. cannot be here, we can take some comfort in actions with respect to the management of the knowing that she is working on a theme impor- Colorado River system within the United States tant to U.S.-Mexican relations. Let me just read have failed to take into account the potential undersecretariat Dobrioski’s remarks. I’m impacts on our neighbor Mexico. «However, the putting words in her mouth, so let me just read Department of State believes, nonetheless, that from the text here. the United States carefully considered such “I regret that I cannot be here today in person, transboundary impacts during a series of but I applaud the efforts of the sponsoring consultations held with Mexico under the agencies, the International Boundary and Water auspices of International Boundary and Water Commission, U.S. Department of the Interior, Commission over the past year, as well as and Mexico’s Secretariat of Environment, during the development of the Environmental Natural Resources and Fishery, in bringing Impact Statement called for by the United States together officials of both governments, represen- National Environmental Policy Act. tatives of the non-governed organizations, and “The Department of State also believes that in the academic community, in an effort to share taking these actions the United States is acting in knowledge and to poll their respective resources. a manner that is consistent with the 1983 La Paz I hope this effort will help to clarify the scientific agreement. The United States concluded that and legal framework that needs to be taken into adjustments to the management of the Colorado account when considering management of the River system within the United States. Those Colorado River system. adjustments which have occurred will not result “By so doing, policy makers in both countries in appreciable adverse impacts on Mexico. will be better able to make decisions relating to “In closing, it’s important to add that the the preservation of the riparian and estuarine United States intends to fulfill its treaty obliga- ecology of the Colorado River in its international tions to deliver to Mexico 1.5 million acre-feet of COLORADO region and in the Delta. As undersecretary for Colorado River water per year as provided for in RIVER DELTA BI-NATIONAL global affairs, I understand diplomacy’s pivotal the 1944 Water Treaty. And the United States SYMPOSIUM PROCEEDINGS

ENGLISH 17 will continue to comply with its legal obligations came across the border was great enough to concerning the salinity of those waters as reach the Gulf of California. However, this has provided under International Boundary Water been deteriorating and it has had a negative Commission Minute 242. effect on the Delta ecosystem. “The United States gives its highest priority to During the last decade there has been a fulfilling its international obligations and considerable volume of water released in the therefore it manages the system, the Colorado United States. This was one of the conditions River, in a way that water is specifically allo- that allowed restoration conditions to exist in the cated to assure deliveries to Mexico in accor- Delta. These conditions have resulted in in- dance with the ‘44 Treaty. creased fisheries and habitat in general. It is “The State Department looks forward to important to point out that the potential recu- continuing the currently ongoing extensive peration of fish that are endangered, the indig- dialogues through the International Boundary enous fish, depends on the restoration of the and Water Commission and the bi-national ecosystem. Mexico is doing conceptual actions to technical groups it has established on Colorado eliminate fisheries in the high basin, the Rio River issues. Colorado Delta and along the Colorado River. “It’s a good neighbor. The United States very The complimentary measures to prevent the much wants to cooperate with Mexico in every recuperation of this species are going to be way that we can to improve the environment of difficult. The sustainable resources and water the border region and to support collaborative resources for maintenance of the ecological efforts to improve the quality of the Colorado stability of our shared basins also are needed for River water delivered to Mexico. The sympo- the growth and development of productive sium is an important part of that process. I wish activities that are critical for the region. the participants of this symposium success, and I It also is a priority in Mexico to promote hope this experience will be a fruitful one for all coordinated actions based on bilateral coopera- concerned.” tion. Therefore, it is essential to prevent the And Undersecretary Dobrioski concludes that implementation of unilateral actions that will she looks forward to receiving a full report of the affect the spirit of cooperation as well as equity outcomes of these proceedings. Thank you. to water access. I would like for us to establish, at this symposium, new parameters that will OLGA OJEDA CARDENAS allow us to reach conclusions that both countries HEAD OF INTERNATIONAL AFFAIRS want to reach in the spirit of cooperation and that we have always had during the last years. COORDINATING OFFICE, MEXICAN This technical and scientific analysis is very SECRETARIAT OF ENVIRONMENT AND important, but it also is important for us to NATURAL RESOURCES (VERBATIM): emphasize the different decisions and political Thank you, gentlemen. Thank you to the decisions that are in our hands to evaluate. planning committee. We hope to have a lot of Thank you very much. accomplishments after this symposium that will strengthen cooperation between the United ERNEST RUSFFO APPEL States and Mexico around this topic, the Rio COMISIONADO PRESIDENCIAL PARA LA Colorado, the Colorado River. This was one of the richest ecosystems in the world and one that FRONTERA NORTE (VERBATIM): First of all, I am very sorry. I want to express COLORADO has been effected by multiple modifications in RIVER DELTA the Colorado basin due to the construction of big my feelings to the United States because of the BI-NATIONAL dams. The volume of the river in the past as it things that occurred there this morning. SYMPOSIUM PROCEEDINGS

ENGLISH 18 That said, I would now like to talk about what changed. In the past, it was easier to make we can do together as two countries. This is the treaties because of smaller populations and less main reason Mr. Fox, President of Mexico, bureaucracy in both countries. established a new commission to coordinate the In 1944, the U.S. and Mexico signed a treaty federal government in northern Mexico and the granting water rights to Mexico, however, that six border states that have a boundary with the treaty took a long time to implement. The water southwest United States. We are neighbors and secured for these areas created great growth, as as such share similar opportunities and prob- is evident by the populations in southern lems. I have talked with different representatives California and over the border. However with 35 from the United States government and the million people dependent on the river, the governors of the border states and have been impact these populations may have must be able to add a vision that has evolved due to the taken into account. We must try and address growing trade between our two nations. problems associated with the population and the This region can grow very much. We know river so that people can continue to live here. this growth has increased very rapidly but this Given the numerous resources, both natural and promising future also has its limitations. One of intellectual, solutions to water issues at the them is real and natural and happens to be border should be solved but not through short- today’s topic: water. I also am looking at the sighted solutions. Instead, solutions should be future with optimism. We should address these long-term and win-win for stakeholders on both limitations in our region and try to see that we sides of the border. use our resources efficiently. The reasons are Mr. Hermosillo echoed the sentiment of other clear but there is a need for investment in order speakers by advocating that good information to continue implementing this vision. This calls combined with objectivity is essential to arrive at for a lot of information sharing and understand- good conclusions. This is especially important ing, both of which will be supported in what we given the number of parties involved on both are discussing today. Therefore, I see, in this sides of the border. Ecological situations cannot spirit, the future of our region. We have to seek be solved without including or addressing to work together to improve the water situation regional development and the limitation of in both countries and eventually, this may mean resources in both the U.S. and Mexico. Previous we have to administer what is done with the agreements, such as the 1944 Treaty, worked water from a common hydrological basin. I wish between the two countries and are good indica- you a lot of luck in your discussions and a tors of future potential for positive negotiations fruitful day. Thank you. over the Delta.

VICTOR HERMOSILLO CELADA MIGUEL ANGEL GONZALEZ BARRIGA MAYOR OF MEXICALI: REPRESENTATIVE FOR THE GOVERNOR Mr. Hermosillo expressed his remorse over OF STATE OF BAJA, MEXICO: the events of September 11. He talked about the On behalf of the Governor of Baja, Mr. history of the region and how 150 years ago, the Gonzalez welcomed conference attendees. He region had a small population and no border. stated that appropriate allocations of Colorado The introduction of the border is man-made but River water to provide adequate use and preser- that the geography has not changed and the vation of surroundings are a high priority for the Colorado River still flows from north to south. Baja State government. COLORADO Up until the mid-20th Century, border issues Mr. Gonzalez agreed with several other RIVER DELTA were of little concern but times have since speakers’ assertions that as the world population BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 19 grows, water is increasingly in demand. Histori- Panel 1 – Legal cally human settlement was dependent on the availability of clean water and that a lack of & Institutional preservation of this source led to the disappear- ance of different ethnic groups. It is for this reason that close attention must be paid in the Laws and 21st Century to water quality problems arising from pollution. People tend to take water for International granted. However, there are agencies and individuals committed to solving problems Institutions through a joint vision without borders. The Governor’s office realizes its strengths JIM DAVENPORT and weaknesses but stressed that water prob- lems are a high priority and will require ad- COLORADO RIVER COMMISSION OF dressing at federal, state and local levels. The NEVADA: State of Baja has invested substantial amounts of Mr. Davenport began by discussing the three money to solve challenges surrounding drinking categories of law with which the conference water, sewage and other water systems. But should be concerned: national, bi-national and goodwill is not enough and there is no magic international. However, the jurisprudential formula to solving problems. Instead, hard work foundations are different between those three, and perseverance are needed to plan for the particularly with regard to the means and extent short, medium and long-term. This includes in which violations are sanctioned. National community participation. It is better to add than laws of the U.S. and Mexico can be enforced to subtract. through the domestic judicial systems of the respective countries. Using the 1944 U.S./Mexico Boundary and Water Treaty as an example, bi-national law can be enforced by courts in either nation in the locale where the persons or institutions against whom enforcement is intended reside. Such laws are more typically enforced through diplomatic or arbitrational means. International law, or laws describing the accepted behavior of persons or institutions, notwithstanding national residence, exist as custom or international agreement, which are rare. Most are not enforceable except through diplomacy or in some instances, internationally agreed upon tribunals. Comity, or the courtesy and friendship of nations, is marked by mutual recognition of executive, legislative and judicial acts.

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 20 DAVID GETCHES neighboring country, such as diverting a river. UNIVERSITY OF COLORADO: Such actions require the consent of the other Mr. Getches said the Colorado River is country. Countries also may not affect the water controlled by banks, dams and other means. quality of international flows via wastewater However, the river also is controlled through a discharges. Countries are not allowed to build system of laws referred to as the Law of the structures that may alter the flow of a water River. The Law of the River controls the river in source into another country. Countries that a variety of ways, including dams and river violate these principles will have to prevent or operations; water quality issues (including suspend their violating actions and pay for the salinity problems as the river enters Mexico); damages. th and environmental issues. In the 19 Century, the Guadalupe Hidalgo Parts of the Law of the River intertwine the and Mesilla treaties established the border U.S. and Mexico and the first panel of the day between the two countries. Rehabilitation of the includes those laws that deal with the two international monuments took place under other countries’ relations regarding the Colorado treaties around 1880. The IBWC was created in River. The laws are evidence and inspiration that 1889 by a treaty and continues to remain in effect the two countries can cooperate in resolving today. problems of mutual concern regarding the There were a number of treaties between the th Colorado River. two countries in the 20 Century including the Banks Treaty of 1905 and the Rectification of the Rio Grande Treaty in 1933 that allowed work to JAIME TINOCO begin on stabilizing the Rio Grande. The 1970 CNA BORDER ACTIVIES, MEXICO: Boundary Treaty establishes criteria to solve Mr. Tinoco said that as an engineer, and like issues regarding the boundaries between the two many engineers, he looks for problems with counties and established that the boundaries of technical aspects of water problems. However the two countries would continue to be the Rio the technical aspects are not necessarily the most Grande and Rio Colorado, and that no country relevant. The emphasis is shifting towards the will lose territory from shift course of these social/political aspects of water and those are rivers. proving to be the most complicated. Sometimes The 1944 Water Treaty is the most important technical solutions can fall into second place of the water treaties between the two countries because although they can create solutions, they with reference to the Colorado River. It stipu- come at a high cost. lates the Colorado River water rights of Mexico and gives certainty of a water supply to agricul- LUIS ANTONIO RASCÓN MENDOZA ture and other beneficial uses. The IBWC en- INGENIERO PRINCIPAL, MEXICAN SEC- sures treaty obligations are being met and is TION, INTERNATIONAL BOUNDARY AND divided into two sections: The Mexican Section WATER COMMISSION: under the Foreign Affairs Secretariat of Mexico Mr. Rascón said his presentation deals with and the U.S. Section, under the U.S. State De- international boundary and water treaties. partment. The sections have the necessary He mentioned the principles of international personnel to meet the responsibilities assigned law that are applied to continental international by the governments. Jurisdiction of the IBWC treaties, pointing out that territorial jurisdiction includes territorial boundaries, international does not allow a country to take advantage of crossings, water quality issues, water measure- COLORADO RIVER DELTA natural resources in a way that may affect a ment and accounting, operation of international BI-NATIONAL dams, and water distribution. SYMPOSIUM PROCEEDINGS

ENGLISH 21 While volume and distribution of waters is facilities along the Mexicali wastewater system. described in the ‘44 Treaty, more details are Minute 288 is the long-term recovery plan for needed to address specific projects or problems. the river. Minute 294, signed in 1995, allocates Consequently, to cover these issues, there are IBWC resources to facility planning projects for minutes added as an addendum to the treaty. the Mexicali wastewater systems, as well as to The minutes development process is divided the construction of a pumping station, a force into three stages: technical identification of the main and a treatment plant. project and the way it is to develop (including Minute 306, signed in 2000, pertains to the the problem and solutions); a consulting and ecology of the Colorado River Delta. A work negotiation stage; and once consensus for a group, established under this minute, has project has been achieved, formalization through coordinated activities between the two countries minutes signed by Commissioners from each including information sharing, flow modeling, side of the border and approved by both govern- and pilot restoration projects. It is important to ments. note that Minute 306 involve participation from There are a number of water projects con- academic and non-governmental groups. nected to the Colorado River and to make alterations to any of them will affect other MARY BRANDT elements of the hydraulic cycle (including dams, U.S. DEPARTMENT OF STATE: drainage systems, groundwater, disposal areas, Ms. Brandt addressed two main themes: the etc.). Different IBWC international agreements relationship of the Department of State to the are related to these elements. There are a number U.S. section of the IBWC and the international of minutes related to the Morelos Dam involving agreement process in the U.S. and how that its location, design, construction and operation, relates to the adoption and entry into force of as well as complementary works. Likewise, IBWC minutes. minutes exist for issues of salinity, including The IBWC applies and exercises the rights of Minute 242 which established a permanent the United States and Mexico under the 1944 salinity level for waters delivered by the U.S. Water Treaty and settles any disputes that arise and construction of the Mohawk drain which thereunder. It is composed of two sections: U.S. keeps the Cienega de Santa Clara slough with and Mexico. The U.S. Section is not technically water. Minute 248 focuses specifically on opera- under the Department of State but, in accor- tion of that drain. dance with the ’44 Treaty, operates under its Minute 291 deals with the accumulation of foreign policy guidance. It receives its funding upstream silt affecting the delivery of water to through the Department of State’s budget. In Mexico. essence, the U.S. Section, although an indepen- Minute 287 allowed for the delivery of dent federal agency, is considered to be part of emergency water from the Colorado River using the foreign affairs family. The Department of aqueducts in southern California to the city of State plays an oversight role with respect to the Tijuana, B.C. Minute 301 agrees on a joint study development and approval of IBWC Minutes between the two countries to explore alterna- since most IBWC Minutes constitute legally tives for delivering water from the Colorado binding agreements between the United States River to San Diego and Tijuana. and Mexico. These agreements are governed by There are a number of minutes that deal with international law. the New River. Minute 264, signed in 1960, The generally accepted customary interna- COLORADO establishes water quality standards for the New tional law on treaties is embodied in the 1970 RIVER DELTA River when it crosses the international bound- BI-NATIONAL Vienna Convention on Law of Treaties. This SYMPOSIUM ary. Minute 274, assists with updating pumping treaty was signed by the United States, but never PROCEEDINGS

ENGLISH 22 entered into force for it. It was developed to become known as the Circular 175 procedure. It address the need to codify the rules applicable to allows for a coordinated review of the proposed treaties and enhance the stability of the treaty agreement, ensures that all international agree- regime following the Second World War. ments are fully consistent with U.S. foreign Under the Vienna Convention a treaty is policy objectives. It determines when it is defined as an international agreement between necessary or appropriate to have consultations nation states, in written form, intended to be with the Congress and whether the public binding and governed by international law. The should be given the opportunity to comment. It basic premise of treaty law is that treaties are also provides for a thorough legal review to binding upon their parties and must be per- examine whether there is sufficient extant legal formed by them in good faith. There is no authority for the United States to enter into a international treaty police; disputes are generally proposed agreement and execute its terms and settled through negotiation. The key that under- conditions. The Office of the Legal Adviser scores all treaty rights and obligations is that just determines whether an arrangement constitutes about anything is possible as long as both a legally binding international agreement. For it parties agree. to be legally binding there must be two or more In U.S. practice there is a distinction between parties to the agreement and each party must be treaties and executive agreements; however, a nation state or a federal government agency. under international law all international agree- The parties must intend that it be legally binding ments are considered treaties. In the U.S., and governed by international law, as usually treaties, such as the ’44 Water Treaty, are those indicated by the specific language used. The agreements requiring the advice and consent of significance must be such that it rises to the level the Senate. Executive agreements, are those of an international agreement. For example, the agreements concluded under the executive sale of one map to a foreign nation would not be power of the President as granted under the considered an international agreement. How- Constitution, or concluded pursuant to existing ever, an agreement to do mapping of a particular or subsequent legislation, or authorized by region, over a prolonged period of time, could existing treaties. The President may conclude an be considered an international agreement. The international agreement on any subject within language must reflect a certain level of specific- his constitutional authority so long as the ity, including objective criteria for determining agreement is not inconsistent with Congres- enforceability of performance. sional legislation. All IBWC minutes are subject to this review A number of factors are considered when process, at which time a determination is made determining whether a particular agreement as to whether the proposed minutes contain should be entered into for the United States as a commitments clearly contemplated within the treaty or executive agreement, such as the extent existing treaty structure, or whether they go the commitments effect the nation as a whole, beyond the scope of existing treaties and there- whether the agreement affects state laws, fore constitute free-standing international whether the agreement requires subsequent agreements, such as those that govern wastewa- Congressional legislation, past U.S. practice, ter treatment plants on the border or Minute 242 preferences of the Congress, degree of formality, — the salinity Minute. IBWC Minutes are not duration, and general international practice. considered amendments to the 1944 Waters Notwithstanding any other provision of U.S. Treaty; any amendment of the treaty, i.e. a law, conclusion of an international requires modification of existing rights and obligations, COLORADO consultation with the Secretary of State. This would require that that agreement be submitted RIVER DELTA BI-NATIONAL legal requirement is implemented by what has to the United States Senate for its advice and SYMPOSIUM PROCEEDINGS

ENGLISH 23 consent. In most cases the authority to enter into the Environmental Cooperation Commission and implement IBWC minutes is found within (ECC) was formed and designated NAFTA as the 1944 treaty or other boundary treaties, which having an obligation to environmental issues for charge the IBWC with their execution, or within the three countries (U.S., Mexico and Canada). other existing U.S. statutory authorities. The commission is available to study joint Once authorized by the Department of State problems between the countries and develop to do so, the U.S. IBWC finalizes the terms and action programs to analyze and improve envi- conditions of the Minutes with its Mexican ronmental situations within the countries. The counterpart. Following signature the Minutes commission has a $10 million annual budget and are forwarded to the Department of State and to currently spends about $7 million annually. The the Mexican Secretariat of Foreign Affairs. They commission also has research capabilities that have traditionally entered into force as agree- allow it to verify that countries are complying ments between the United States and Mexico with their environmental regulations. following the specific approval of both govern- NAFTA promotes sustainable development ments. including citizen involvement in environmental issues. If local governments do not comply with JAIME PALAFOX their own environmental regulations, citizens PRIVATE CONSULTANT, WASHINGTON, can make them comply through complaints. It D.C.: also allows citizens, both within and outside of the country, the opportunity to present com- Mr. Palafox said he wanted to describe some plaints if one country is not meeting its environ- of the institutional alternatives that exist on an mental obligations. This helps to maintain international level that could aid in understand- objectivity and also applies to transboundary ing concerns about the Delta and whether those environmental impacts. The ECC, by establish- concerns are warranted or need further study. ing agreements on transboundary environmen- The technical side of the Delta must first be tal impacts, has shown desire to make the understood before talking about the legal side. A treatment of environmental issues more better understanding of the water flows and transboundary permeable. Ecosystems do not existing conditions in the Delta, as well as the have borders. There should also be more compli- overall health of the ecosystem, is needed. There ance with regards to exchanging information. are now environmental concerns that didn’t exist The North American Development Bank, when the 1944 Treaty was adopted and adopting established under NAFTA, is designed to assist Minute 306 is one avenue of addressing this with the construction of environmental infra- change. structure in the U.S. and Mexico. They have $10 In 1983, existing treaties were considered million annually to spend on feasible projects. insufficient to deal with erupting environmental The bank is overseen by a board of directors that problems. The La Paz Agreement, between establishes priorities for use of the financing. Mexico and the U.S., is a border agreement that These priorities are undergoing adjustments by allows the countries to address environmental President Fox who wants to use the funding in problems of joint concern. It includes local, state more efficient ways. Additional money will be and federal institutions, including the IBWC and budgeted by the National Water Commission includes issues such as hazardous waste, air and other Mexican institutions. The ECC works emissions and other issues. This is what existed with the bank, other institutions and the com- prior to the North American Free Trade Agree- COLORADO munity to analyze the projects and determine ment (NAFTA). RIVER DELTA what is best. There fore, the bank and the ECC BI-NATIONAL Within NAFTA what are known as the were created as two separate institutions in SYMPOSIUM parallel agreements were signed. Under NAFTA, PROCEEDINGS

ENGLISH 24 order to keep the money out of the political we’re always looking for cooperative measures spectrum. to solve these problems. All of this is important to the Delta because institutional alternatives exist and can serve as a Q: JAIME TINOCO: What are the legal conduit to providing better information on Delta limitations in the treaty of 1944 that IBWC has and increase operational activity in this area. The implemented to solve ecological problems that institutions, such as the ECC and the North are being suffered by the Colorado River Delta? American Development Bank, have financial resources available to attend to the Delta. The La A: LUIS ANTONIO RASCÓN MENDOZA: Paz Agreement is viable because it provides a When the treaty was signed, both countries did greater scope of people interested in the prob- not consider the environment. This is something lems of the Delta and the Colorado River, such that has had more importance recently. When as the Environmental Protection Agency/ the treaty was signed, the treaty was focused SEMARNATcreation of the Border 21 program. specifically on water distribution. These aspects that suffered later on, like water quality, salinity, Q&A and other issues, have been looked into with specific actions. The environmental aspect was (VERBATIM): not included. Minute 306 takes a first step in that direction Q: JAIME PALAFOX: What legal or technical — the interest of considering the environment. actions are implemented by United States Of course, right now, all the resources are government to control the water quality of the distributed and we would have to explore Colorado River? options of how to consider the environment as part of all this hydraulic system A: LUIS ANTONIO RASCÓN MENDOZA: With regards to the actions implemented by the Q: JAIME TINOCO: Thank you. This is also United States government to control the quality to Mr. Rascon and this is related to expanding on of the water in the Colorado River, and I’m the information on Minute 306, the objectives, going to comment on the actions that have been the participation from different role players like carried out by IBWC. Even though Minute 242 local government, state government, etc. expresses the definite solution to the salinity of the Colorado River in the frame of this minute, A: LUIS ANTONIO RASCÓN MENDOZA: we have been working in IBWC to look for a As was expressed during my presentation, we way in which we can improve the conditions of acknowledge the interest from both govern- the water delivered in order to ensure the ments in the conservation of the Colorado River beneficial use on the Mexican side. Delta. We acknowledge the effort already made We have a work group in IBWC that analyzes to date. We acknowledge the activities that are the quality of water that has been delivered. We being carried out by the fourth work group in have had very specific actions related to prob- the interest of working jointly and of working in lems, for example, with regards to the quality of cooperation to form work groups to have a certain peaks of water salinity, how can we better knowledge of the Colorado River Delta attend to those problems. and to exchange information. I think that is, in The establishment of facilities to conduct or general terms, the minutes generate or form transfer the non-saline waters to the Mohawk work groups where we can identify problems COLORADO Dam are cooperation measures. So, at IBWC, and potential solutions. RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 25 Q: JIM DAVENPORT: I have two questions. Q: JIM DAVENPORT: Let me clarify. I Perhaps the three speakers can think about them would agree with you that all have the same both and respond to both of them. The first legal effect. The question, I guess, is whether question relates to the hierarchy of legal signifi- they are statutory or administrative type agree- cance of treaties, executive agreements, and ments, that is, more easily adaptable through an statutorily authorized executive agreements as administrative or regulatory amendment process they were explained by Mary Brandt. as opposed to strict statutory or treaty type Would the three of you agree or disagree with amendment process. the proposition that any agreement to alter the volumes of waters assigned to the respective A: MARY BRANDT: Well, do you want an nations by the 1944 Treaty would require con- agreement that’s legally binding or do you want gressional approval in the United States and a political commitment of the two countries that national legislative approval of the Nation of does not have legal force, that would be the Mexico? That’s my first question. answer. My second question is, given your experience After spending 22 years working with treaties between the two nations, what have you found and agreements, I would have to come down on to be the most valuable and productive and the side of a legally binding agreement, but workable: Is it the more formal agreement that that’s because of my background. Anyone else requires a greater amount of approval by the want to comment? national legislative bodies, or the less formal agreement, which perhaps is more easily altered A: JAIME PALAFOX: With regards to the and easily adapted to specific problems? Those Mexican side, if there are any adjustments, if the are my two questions. treaty has to be amended, that has to go through the Mexican Senate. A: MARY BRANDT: I’ll be happy to explain that. Under United States law, it would require A: LUIS ANTONIO RASCÓN MENDOZA: I an amendment to the 1944 Water Treaty to alter think that here we have different interpretations the water allocation. That would mean that we with regards to the concept that exists of recipro- would have to do a treaty that would be subject cal consulting. So, the commitment to do recip- to the advice and consent of the United States rocal consulting when there is going to be a Senate. change or a new water development between I also should mention that the hierarchy that I the two countries hasn’t been interpreted the explained of agreements, executive agreements, same by both parties. congressional agreements, they’re all equal with statutes as the law of the land in the United A: MARY BRANDT: If we’re talking about States. water quality, then we are probably talking On your second question about which works outside the framework of the 1944 Water Treaty better, I’m not sure that I understand the distinc- which deals primarily with quantity unless you tion between a formal agreement and an infor- look at the provisions in the treaty that talk to mal agreement. To me an agreement is either beneficial use. I’m not sure, but I suspect that legally binding or it’s not legally binding, and I we entered into Minute 241, the salinity minute, think we find within the IBWC that we have on the President’s constitutional authority to legally binding agreements that work and that conduct foreign affairs and not specifically the COLORADO the IBWC is able to make this system work and authority within the 1944 Water Treaty. RIVER DELTA work well. BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 26 Legal Matters injure other water rights. Under the Compact Clause of the U.S. Consti- of the United tution, states can apportion water amongst themselves. (The United States Congress and the States and U.S. Supreme Court also have the power to apportion water between states.) Since com- Mexico pacts are adopted by state legislatures and approved by Congress, they are both state and federal law. The first interstate equitable appor- JIM LOCHHEAD tionment of water by a compact was the 1922 BROWNSTEIN HYATT & FARBER, P.C.: , which apportions the Since one theme of the conference is that right to consumptively use the water of the hydrologic systems are interrelated, Mr. Colorado River between the Upper Basin and Lochhead said it is as important to have an the Lower Basin. A primary concept of the understanding of the allocations and administra- compact is the individual sovereignty of each tion of water at the upper end of the Colorado state to own, regulate and manage only water River system – the Upper Basin – as it is of the apportioned to that state. Under the Compact, Delta region. the Upper Division states (Colorado, Utah, Water rights in the Upper Basin were devel- Wyoming and ) must not deplete oped before statehood by irrigators and miners the flow at Lee’s Ferry, Arizona below 75 million in the region, under a system known as “prior acre-feet over a rolling 10-year average period. appropriation.” This is the law of first-in-time, The Upper Basin also may not withhold water first-in-right priority. The first water user to from the Lower Basin if the Upper Basin is not divert and use water from a stream has the first using it. right to use that water as against subsequent For the Upper Basin, the 1922 Compact serves appropriators on that stream. as a defined apportionment of water to allow for Upon statehood, title to water and the bed future development and prevent the application and banks of navigable streams and rivers was of prior appropriation on an interstate basis. It removed from the public or federal domain and also affirms individual states’ rights to control was vested in each state. As a result, each state appropriation of water and water rights within owns, controls and manages the water resources their borders. Under the Compact, the Upper within its borders, subject to prior appropriation Division States may not sell, lease or transfer by its citizens. Though states have individual water to a Lower Division State. water laws, there are elements of prior appro- The U.S. government has certain rights, both priation that are common. For example, water reserved rights and rights appropriated under rights are based on a right of use, not ownership state law, to water associated with federal land of the water itself. A water right is a property such as national forests and Bureau of Land right to take water and use it for a beneficial Management (BLM) land. There are many issues purpose, at a particular locale and with a given associated with these rights, including how priority. Water rights can be created for uses that much water is needed to meet the purposes of are not yet vested. An unperfected right is a the federal reservations. property right under state law. Individual states Indian Tribes also have reserved water rights, also can create in-stream flow rights for environ- many of which remain unquantified. Quantifi- mental and recreational purposes. States can cation is based on practicably irrigable acreage, COLORADO approve changes in water rights to new points of the needs of the reservation and also on specific RIVER DELTA BI-NATIONAL diversion, places of use or types of use. Gener- treaty requirements and obligations. SYMPOSIUM ally, changes are granted as long as they do not PROCEEDINGS

ENGLISH 27 Under constitutional commerce and naviga- The 1964 Decree allows the Secretary of the tion powers, the federal government has con- Interior to allocate the unused apportionment of structed and operates large water projects for a one Lower Basin state to use in one or more of number of purposes, including reservoirs to the other Lower Basin states. Historically, store and release water so as to allow the Upper California has used the unused apportionments Basin to meet Lower Basin obligations. The of Arizona and Nevada. However, surplus Secretary of the Interior has the authority to declarations by the Secretary have pushed establish operating criteria for federal reservoirs, consumptive uses of the Lower Basin states, but including how water is released and stored. The primarily by California, to 8.2 million acre-feet Secretary also has the power to declare surplus annually. California is expected to ramp down water within the Lower Basin. (This surplus is its use to the legal 4.4 million acre-feet by 2016. different than a surplus declared under the 1944 When a surplus declaration is made, 50 Mexican Treaty.) This has been a critical compo- percent of the surplus goes to California, 46 nent of the interim surplus guidelines to help the percent to Arizona and 3 percent to Nevada. State of California live within its Colorado River However, in the case of the interim surplus apportionment as established in Arizona v. guidelines, the normal numbers will be sus- California. pended. As a result of 1) appropriations under state Within Arizona, the largest of its allocation is law, 2) reserved rights for federal lands and pumped from for the Central Indian Reservations, 3) apportionments made to Arizona Project – about 1.42 million acre-feet in all of the states by interstate compact and in the 2000. Other uses in Arizona include the Colo- 1928 Boulder Canyon Project Act as upheld in rado River Indian Reservation, the Wellton- Arizona v. California, and 4) the delivery obliga- Mohawk Irrigation and Drainage District, the tion of the United States to Mexico under the Yuma Mesa Irrigation and Drainage District and 1944 Treaty, all of the water in the Colorado the Yuma County Water Users Associations. River basin in the United States has been appor- California’s apportionment is divided by the tioned and is obligated. Major cities, industries 1931 Seven Party Agreement. The priorities and agricultural operations are dependent on established by the agreement left Metropolitan those allocations, as are environmental and Water District of Southern California’s Colorado recreational interests and programs. River Aqueduct less than half full. The top three agricultural priorities under the agreement total GARY WEATHERFORD 3.85 million acre-feet of the 4.4 million acre-feet WEATHERFORD AND TAAFFE, LLP: total apportionment and this has led to some Mr. Weatherford said he would focus on the squabbling among the parties. The pending Lower Basin states and the allocation of Colo- quantification settlement is intended to help rado River water within those states. Arizona, resolve some of those differences and includes a California and Nevada share a beneficial con- large ag-to-urban water transfer that would sumptive use right of 75 million acre-feet each reduce the 3.85 apportionment to 3.47 by the successive 10-year period – about 7.5 million year 2012. acre-feet annually. California receives 4.4 million For Nevada, the bulk of its 300,000 acre-feet acre-feet, Arizona 2.8 million acre-feet, and apportionment is diverted through the Saddle Nevada 300,000 acre-feet, determined under the Island diversion of the Robert B. Griffith Water 1928 Boulder Canyon Project Act and enforced Project to several Las Vegas Valley water pur- COLORADO by the 1964 Arizona v. California Decree. veyors who are members of the Southern RIVER DELTA Nevada Water Authority. Interstate water BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 28 banking will play a very important role for additional four to five million tons of salt Nevada as the Las Vegas region continues to annually. There are regular fish kills on the sea, grow. Such banking is allowed due to flexibility which serves as a large bird habitat as well as a of the Law of the River that allows the unused large sport fishery. The Authority and apportionment of one state to be used by an- the Bureau are the lead agencies in preparing the other. environmental impact documents for the sea and Water banking in Arizona is permitted under currently salt removal is the primary target. federal regulations adopted in 1999 and since Other potential problems exist for the sea as its then Nevada has negotiated a water banking primary supply of water is agricultural flow agreement with the Arizona Water Bank. Under from the Coachella and Imperial valleys and such agreements, water agencies in Nevada or pending water transfers and conservation efforts California would pay Arizona to place part of could reduce those flows to the sea. unused apportionments in the ground. Later, The are a number of environmental undertak- when those water agencies request water, ings along the mainstem of the Colorado River Arizona water users will pump the stored water as well. Under guidelines of the 1973 Endan- for use and reduce diversions from the Colorado gered Species Act and from determinations by River – thus allowing water from the main- the U.S. Fish and Wildlife Service and the stream to be release to those water agencies that National Marine Fishery Service, recovery have built up credits in the water bank. programs have been established for a number of Major reservoir storage is an integral part of endangered species including the razorback water supply for the Lower Basin. sucker, the bonytail chub, the southerwestern holds back approximately 28 million acre-feet of willow flycatcher, the Yuma clapper rail and the water that forms . Generation from flat-tailed horned lizard. The Bureau has estab- the turbines at the dam total about 4 billion lished the Lower Colorado River Multi-Species kilowatt hours. Reservoir levels in Mead and Conservation Program, a regional, state, federal, upstream at are coordinated by the tribal and private partnership aimed at recover- Bureau of Reclamation (Bureau) under the 1970 ing the aforementioned endangered species Long-Range Operating Criteria and the 1968 while not hindering river operations. A number Colorado River Basin Project Act of environmental groups have sued the Depart- A number of environmental issues impact the ment of Interior and other agencies because of Lower Basin. Salinity, the most historic water concerns over river operations on wildlife in quality issue on the Lower Colorado River, was Mexico which they feel should be covered by the addressed by Minute 242 which requires U.S. ESA. water deliveries to Mexico to not exceed 115 parts-per-million, plus or minus 30 parts-per- MARIO ALFONSO CANTÚ SUÁREZ million, over the average salinity at Imperial NATIONAL WATER COMMISSION, Dam. Following the minute, the Colorado River MEXICO CITY, D.F.: Basin Salinity Control Forum was enacted and The National Water Commission has had a the 1974 Colorado River Basin Salinity Control regulatory framework in place since the 1920s. Act was passed. Standards of the act are re- The initial regulations dealt with irrigation laws viewed every three years. and originated with the National Irrigation The Salton Sea is another environmental issue Commission. These were created to help pro- in the Lower Basin and is located in Imperial mote agriculture in Mexico and help initiate and Riverside counties in California. The sea has COLORADO construction of hydraulic infrastructure. a salt concentration 25 percent greater than the RIVER DELTA From 1947 to 1976, the Secretariat of Water BI-NATIONAL Pacific Ocean and continues to take on an really began to implement irrigation law. For the SYMPOSIUM PROCEEDINGS

ENGLISH 29 first time, importance was placed on irrigation, used, concessions can be suspended. Too little or focusing specifically on the irrigation districts, too much water use can result in concession laws regulating water use and the regulation of suspension. To transfer a permit from one user national waters. All of this was integral to to another, permitees must request authorization development of hydraulic resources and estab- from the commission if it will impact third-party lished the executive commissions within the users. main water basins in Mexico. Protecting against water pollution is neces- From 1976 to 1994 brought the advent of the sary. The commission determines the parameters Secretariat of Agriculture and this established of the discharges and treatment and was estab- much of the federal water law for Mexico. There lished under a 1996 regulation. Sanctions and were two sets of regulations: one that handled fines can be levied against violators. If you use recuperation of infrastructure through federal water, then you pay for it and the same holds financing contributions and the other that dealt true for discharges. with discharges to national waters or property. Agricultural water users have a variety of In 1989, the National Water Commission was rules to uphold, depending on if the water is established and the focus of Mexico’s water going to an irrigation district or directly to an program changed from hydraulic infrastructure agricultural field. There is water scarcity in to more of an economic focus given that water is northern Mexico that will make growth difficult such a scarce commodity. However, its main and the result will likely be a shift in water from role remains to administer and keep custody of agriculture to other uses. Water projections for national waters, manage the hydraulic system the future show we will not have enough water and to produce and promote social develop- to go around. About 83 percent of water use ment. goes towards agriculture, about 12 percent for With regards to international waters, the public use and five percent for industrial use. primary role of the commission is to: provide Agriculture also suffers from low efficiency, titles, concessions and permits; maintain a public contributing about 45 to 60 percent of water registry of water rights; exercise fiscal aspects; losses. and maintain the existing hydraulic program From central Mexico to the north, Mexico while continuing to develop new programs. This averages about 1,830 cubic meters of water per includes both the irrigation systems and the year. By contrast, the southern portion of the drinking water systems. country sees around 15,000 cubic meters. Re- Legally, laws require a concession to use gions such as Sonora and Baja get under 1,000 waters and as such, one must maintain certain cubic meters of water – a very low availability. water quality and quantity standards and to The majority of Mexico’s population, about 77 maintain an ecological equilibrium. This in- percent, lives in the northeast and central part of cludes the preservation of the environment and the country and produces the majority of the the general health of the public. Such concession goods and services. It would make sense to do have a termination period (though the move the population to the southern end of the definition of such is unclear) but can be ex- country but to do such is nearly impossible. tended. Aquifers in the northern region of the country A recent situation in Mexico has established also are overdrafted. About two-thirds of the that such concessions can be suspended, espe- groundwater is used for urban uses and about cially if customers do not pay for exploiting one-third by agriculture. Some of the aquifers COLORADO national waters, under federal water rights law. also suffer from water quality problems, such as RIVER DELTA If aspects of the concession are not declared, pollution. In a 1999 sampling of 478 wells (about BI-NATIONAL SYMPOSIUM such as place of use or amount of water to be PROCEEDINGS

ENGLISH 30 54 percent of the total), about 19 percent were confirmed as a concession by 2002, will that polluted. right continue as an effective water right? Adequate drinking water and sewage dis- posal are of concern. About 13 million people A: MARIO ALFONSO CANTÚ SUÁREZ: lack adequate drinking water and sewage This is a very important question because it is a treatment and only about 24 percent of the water problem throughout Mexico. There are about collected are treated. About 18 percent of the 6,000 water users registered in the agriculture country’s total water supply is untreated. In sector where we have to apply the 1992 water some areas of Mexico, the cultural norm is to not law. The 6,000 became identified because we pay for such services. made an investigation with the electricity The National Water Commission has the commission and we wanted to know which were ability to issue permits for water and discharges using the subsidy. We wanted to know whether and therefore can help to distribute water where the water user was working on agriculture and it is needed. But part of the problem is a lack of they were complying with the law. When we resources to verify the water is used in the place made this cross investigation we discovered and manner in which the government was told it about 6,000. They came to us and they told us would be. Consequently, it is a challenge to keep they were not able to do it [register their water track of water users and uses. Sometimes, users rights as required by the 1992 water law] for this just want to have a water reserve and are or that reason, and they are out now [their old accumulating the water either for storage or to irrigation rights are extinguished]. The only resell for profit. way to solve it [this problem] would be through Water marketing is another option to improve a presidential decree where the president of the water deficit, but it is a very expensive Mexico would authorize them [the CNA] proposal for most water users. Water conserva- [under the terms of 1995 and 1996] so they tion is one method of increasing the supply, [CNA] can issue another permit or concession especially with regards to irrigation efficiency. [to the water user in the agricultural sector]. This will require convincing water users that it is We have 99,000 users in the agriculture sector, necessary to conserve in order to accommodate and of these only 57,000 are registered with us growth. The best instrument we have for in- [CNA]. The difference, we do not know where creasing efficiency and conservation is to ana- they are. The size of the problem can be as lyze and revise the water permits, but that will serious as having 42,000 left out, but we do not require a great deal of manpower and financial know if it’s because of the electric power com- resources. mission or not. So, we want to establish a new law so if they do not go to the water commis- Q&A sion, then we are going to turn this over to the electric commission so we can regulate these (VERBATIM): people that have a permit and are using it. We are waiting for a determination by the president Q: JIM DAVENPORT: My question is of Mexico. whether a water right in Mexico which was But anyway, we have a very serious problem. based, which was a water right used for irriga- Thank you. tion by an irrigation district, which right pre- dates the 1992 water law and is not registered or COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 31 Panel II: 12 driest consecutive years on record. The early to mid-‘80s were wet followed by dry years in Conveyance the late ‘80s and early ‘90s. The current rate of depletion from the river Systems that is taking place in the Upper Basin is ap- proximately 4.7 million acre-feet including reservoir evaporation. There are about 50 Conveyance Reclamation reservoirs – more than in the Lower Basin but smaller in size – with over 30 million Systems and acre-feet of water in storage. There are 1.6 million acres of irrigated land and most of the Infrastructure water in the Upper Basin is used towards in the Colorado agriculture. Many of the projects are relatively small and use water from Reclamation facilities River Basin in that are operated by local water districts. Water from the Upper Colorado River Basin the United also serves major cities such as Denver, Albu- querque and Salt Lake City. States The most significant project in the Upper Basin is the Colorado River Storage Project authorized in 1956 under the Colorado River TOM RYAN Storage Project Act and operated by the Bureau. U.S. BUREAU OF RECLAMATION, It authorized construction of Dam, UPPER COLORADO REGION: , the Aspinal units – a series Mr. Ryan provided and overview of the water of three dams (Blue Mesa, Morrow Point and resources in the Upper Basin, including the Crystal reservoirs) and on the San natural hydrologic system. Juan. The Upper Basin is about 113,000 square miles Lake Powell (behind ) is and slightly less in area than the Lower Basin. operated consistent with the 1970 coordinated The region has a varied topography with eleva- long-range operating criteria. Lake Powell tions ranging from 1,000 meters at to serves as the pool of water at the end of the over 4,000 meters in the mountainous headwa- Upper Basin to assure deliveries required under ters. The river originates in Rocky Mountain the compact reach the Lower Basin. The operat- National Park and is fed by a number of tribu- ing criteria include 3 modes that govern releases taries throughout the Upper Basin including the from the dam. There is a minimum release of largest, the Green River. Climates vary and some 8.23 million acre-feet to meet downstream areas receive over 100 centimeters of rain while demands. There are equalization releases to other receive less than 20. April through July is balance the amounts of water in Lake Powell considered the runoff period, contributing about and Lake Mead, though under certain condi- 70 percent of the annual runoff for the basin. tions, equalization releases are not made. In the Colorado River basin there are, hydro- Additionally, spill avoidance is practiced logically speaking, both wet and dry periods. whereby if high inflows are expected, water is Based on flow measurements at Lees Ferry, it released prematurely in order to create storage COLORADO was abnormally wet the first part of the century, space. RIVER DELTA followed by a drying period in the ‘30s with a There are endangered species recovery BI-NATIONAL SYMPOSIUM critical period starting in 1953 that brought the programs in place in the Colorado River and San PROCEEDINGS

ENGLISH 32 Juan River basins. The goal is to recover species Operation of Hoover Dam and Lake Mead is while allowing water development to take place. consistent with the 1970 Coordinated Long- Glen Canyon Dam also has an adaptive manage- Range Operating Criteria. Priorities from the ment program that integrates scientific informa- Boulder Canyon Project Act are to provide flood tion with dam operations. Operations at Glen control; improve navigation; regulate flows and Canyon Dam have been modified through the provide water for consumptive use; and lastly, 1996 Record of Decision for the Glen Canyon power generation. For Mead, there are essen- Dam Environmental Impact Statement. Power tially two types of operation: normal operation plant ramp rates and daily fluctuations are now and flood control. in place to protect downstream resources in the Normal operations are carried out to meet . Experimental test releases have downstream demands that include U.S. and included beach habitat building flows that Mexico consumptive use schedules; downstream occurred in the spring of 1996, and a low, steady evaporation and transpiration losses; and flow in the summer of 2000. A temperature reservoir regulation in lakes Mohave and control device at the dam may be implemented Havasu. in the future for the benefit of humpback chub Flood control regulations are authorized by populations. the Corps of Engineers (Corps) and imple- Upper Basin uses are expected to increase mented through the Bureau. January through over the next 60 years and this will impact Lake July, flood control releases are based on forecasts Powell, leading to a greater number of 8.23 from the National Weather Service on the million acre-feet release years as opposed to the amount of inflow predicted to the system and recent years where reservoir equalization/spill the current available system space. From August avoidance has been practiced. 1st through January 1st, specific minimum space requirements – such as one-and-a-half million JAYNE HARKINS acre-feet in Lake Mead – are implemented. The U.S. BUREAU OF RECLAMATION, net result of flood control operations is that there are releases in excess of downstream require- LOWER COLORADO REGION: ments. Ms. Harkins provided an overview of the Inflows to Lake Mead have varied due to low Lower Colorado River Basin. water years and the filling of Lake Powell in the The average annual flow of the river is a little early 80s. Flows below Hoover Dam also have over 15 million acre-feet and there is a total varied depending on flood requirements and storage capacity on the entire river of about 60 water use. million acre-feet – so there is about four times There are several facilities below Hoover the storage capacity of the river’s inflow. Cur- Dam. , about 70 miles below Hoover rent storage is about 47.2 million acre-feet – Dam, is owned and operated by the Bureau as a about 80 percent of the basin’s capacity. way to re-regulate deliveries to Mexico. Lake There are tributaries to the Colorado River elevations are kept within monthly targets below Glen Canyon Dam though the main throughout the year though such targets can be annual tributary inflow to the Lower Colorado adjusted to meet short-term needs. River is less than one-and-a-half million acre- is about 150 miles downstream of feet. Tributaries include the and the Hoover Dam. It, too, is owned and operated by Bill Williams River, however, the primary source the Bureau and was built as a forebay for the of water for the Lower Basin comes from Lake pumping plants that carry water to California COLORADO Powell. and Arizona. In normal operations, releases from RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 33 Parker are determined and then upstream water between 1997 and 2001. The four compo- reservoir releases are coordinated appropriately. nents of the program include planning, educa- During flood operations, Mead releases are tion, demonstrations and implementation. Those determined first and then are coordinated water districts engaged in major contracts with downstream. the Bureau must have water conservation plans. About 14 miles downstream from Parker is About 60 percent of the districts have completed Headgate Rock Dam, operated by the Bureau of plans and submitted them. Assistance from the Indian Affairs as a diversion structure for Bureau is given in the form of resource invento- Colorado River Indian Tribes and a hydro power ries, water budgets, technical evaluations, plant. This is followed by Palo Verde Irrigation classroom education, financial assistance and Dam which is about 60 miles downstream of grants for demonstration projects, research on Parker Dam and serves as a diversion structure soil salinity and low water use crops, improved for agriculture. flow measurements, and cost-sharing/funding , located 140 miles below Parker to implement the projects. Dam, is owned by the Bureau and operated by the Imperial Irrigation District (IID). It serves as JIM CHERRY a diversion structure for IID, Coachella Valley U.S. BUREAU OF RECLAMATION, Irrigation District, Yuma Valley, Yuma Mesa and YUMA, AZ: the Wellton-Mohawk Irrigation District. Another Mr. Cherry provided an overview of the diversion dam, Laguna Dam, is operated by IID water delivery infrastructure in the Yuma area, and is located six miles below Imperial Dam. focusing on the flow of the Colorado River On the Gila River, a major tributary of the waters from Imperial Dam to Morelos Dam. Lower Colorado River, is Painted Rock Dam – The area serviced by the Yuma Area Office is owned and operated by the Corps. Operations spread throughout three states, seven counties on the mainstem Colorado River are conducted and 277 miles of the Colorado River. The Yuma in conjunction with this flood control structure. area includes 12 irrigation districts, five Native Water use in Arizona has been slowly increas- American tribes and a number of towns and ing since the came on- cities. Within the district, there are over 300 line. The state has been using about 2.7 million miles of laterals and canals and over 130 drain- acre-feet, however, use of their full allocation – age wells. Issues affecting the region include 2.8 million acre-feet – is expected to take place in sediment control, non-native invasive aquatic the near future with water needs exceeding 2.8 species, drainage issues and groundwater. million acre-feet. There are four primary programs principally California use has fluctuated between 4.5 and operated by the Yuma Area office. These pro- 5.3 million acre-feet but in normal years, under grams are primarily operation and maintenance the proposed plan, use would have to drop to (O&M). One such program encompasses the their basic apportionment of 4.4 million acre- Yuma area and includes Laguna Dam, the feet. boundary pumping plant and the number of Nevada is using just above its 300,000 acre- canals, laterals and drains in the region. Another feet apportionment this year. Nevada needs are program includes salinity efforts such as Title I, expected to increase above their basic apportion- desalting research, improving drainage water ment. quality of the 242 well field, and O&M. The The Bureau has a water conservation program Colorado River Frontage and levy system covers COLORADO in 17 Western states. The Colorado River Basin controlling, improving and modifying the river. RIVER DELTA has a $4 million program with 18 employees and BI-NATIONAL This can include straightening the river channel estimates it has conserved 350,000 acre-feet of SYMPOSIUM and conducting investigations where necessary. PROCEEDINGS

ENGLISH 34 The Yuma Area Office also covers water projec- lakes, streams and choke irrigation systems. A tions, river operations, river accounting, river multi-agency effort to manage the problem is gauging, and the Dam Safety programs. underway. Senator Wash Dam and reservoir is the last Groundwater management is an issue of bi- regulating reservoir on the Colorado River. It’s national concern. Currently, the Yuma Area about two miles upstream from Imperial Dam Office and other water resources management and since 1987, its use has been restricted by the groups have established a groundwater manage- amount of water that can be placed in it due to ment awareness process. An emphasis is being seepage. Releases from Parker Dam to Yuma placed on return flow quality standards as part take about three days but in the event of a of the ongoing drainage program. This also thunderstorm that places additional water in the includes the disposal of saline flows in the U.S. system below Parker Dam, Senator Wash allows Maintaining water quality for international those delivery waters to be stored. Without deliveries to Mexico is a priority. Near the Senator Wash Dam at full capacity, a fair amount Northern International Boundary (NIB), a of water is passed along to Mexico during such desalting plant is maintained in a ready reserve events. status, however, there are daily and seasonal Laguna Dam, located 13 miles northeast of fluctuations in salinity at the NIB. The Yuma Yuma, was the first dam built on the Colorado Desalting Plant, the world’s largest reverse River in 1905. Today the dam serves as a regulat- osmosis plant, was built to desalt drainage flows ing structure for sluicing flows and downstream from the Wellton-Mohawk Irrigation and flow protection downstream of Imperial Dam. Drainage District, however, excess flows on the Morelos Dam, constructed in 1950, was the Gila and Colorado rivers have reduced salinity last dam structure built on the Lower Colorado levels so that the plant has not been needed. River and was constructed pursuant to the 1944 At the Southern International Boundary (SIB), Treaty at the expense of Mexico. It is operated there is an initiative that could help improve under the supervision of the International flow control and water quality. This initiative is Boundary and Water Commission. considered part of the overall regional ground- Agricultural irrigation is the primary use of water management plan. One portion will be to water in the region. Irrigation water is applied renovate the SIB pumping facility and install through a number of methods including through variable speed controls on one of the four sprinkler systems, flood irrigation and drip pumps. Another portion is designed to improve irrigation. water quality by constructing a bypass canal that There are a number of challenges to operation could help to modulate saline flows during peak and maintenance in the Yuma region. Sediment months. control, in particular bank line erosion, is one such challenge. Such erosion can clog diversion CARLOS MARIN facilities and settling basins. Erosion also can PRINCIPAL ENGINEER, U.S. diminish water quality and can pose threats to INTERNATIONAL BOUNDARY AND populations and facilities because of river WATER COMMISSION: meandering created by erosion. High tributary Mr. Marin’s presentation dealt primarily with flow events, such as the 1993 flood on the Gila water deliveries to Mexico under the 1944 Water River, significantly contribute to this type of Treaty and elements that impact the water problem. quality of those deliveries. Another challenge is non-native invasive COLORADO The Limitrophe Section is defined as the reach aquatic species, such as Salvinia Molesta. This RIVER DELTA of the Lower Colorado River serving as the BI-NATIONAL water fern has the potential to infest ponds, international boundary between the U.S. and SYMPOSIUM PROCEEDINGS

ENGLISH 35 Mexico. It is 23 miles long and begins at the NIB, the intake. However, it has had limited results located about a mile above Morelos Dam. At because of the continuous volume of sediment Morelos Dam, diversions are made through the from upstream. Another sediment removal Alamo Canal for deliveries to Mexico. program at Morelos Dam has removed over a The time and frequency of deliveries to million cubic yards of sediment. Mexico are based on the Bureau’s annual operat- Currently, the IBWC is undertaking an ing plan – 1.5 million acre-feet are guaranteed to Environmental Impact Statement on the Mexico under the plan. The Secretary of Interior Limitrophe Section in order to preserve the river makes designations on the amount of water channel. Because of existing sediment and low available in the system towards the end of the volumes of water, vegetation has claimed much year. Under surplus declarations, Mexico can be of the channel and reduced the 140,000 cubic- granted an additional 200,000 acre-feet. Mexico feet-per-second floodway conveyance capacity. informs the International Boundary and Water This could create problems during a flood event IBWC of their monthly delivery schedule for the and puts the Yuma Area at risk, as well as, upcoming year after the Secretary makes his populations on the Mexico side. The Corps of designation and the IBWC, in turn, informs the Engineers is studying remedying the situation Bureau of that schedule. Any changes to the while being cautious to meet environmental schedule made by Mexico must be made at least compliance. 30 days in advance of the delivery. The IBWC has established task forces to deal Following the 1944 Treaty, Mexico constructed with issues on the river such as salinity, sedi- Morelos Dam in order to deliver water to the ment, preservation of the Limitrophe Section, the Mexicali and Sonora valleys. The first delivery Delta and the lining of the All American Canal. from the dam began in 1950. IBWC, both the U.S. In addition to IBWC members from both sides of and Mexican sections, do the accounting for the the border, the task forces also include individu- deliveries. The accounting has never posed a als from the Bureau and Mexico’s National problem and Mexico has always received its Water Commission. water. Minute 242, effective on June 24, 1974, pro- Q&A vides salinity values for waters diverted at Morelos Dam of no greater than 115 parts-per- (VERBATIM): million, plus or minus 30 parts-per-million. The number is based on annual flow weighted BILL RINNE: I’ll read the first question. average and not daily values. Salinity values, How many acre-feet of water per acre are used however, are calculated monthly and sampling per year on Yuma area agricultural lands? And is done on both sides of the border. Some bi- please answer with both average and high national efforts are underway at the SIB to help values. Do you want me to read that again? meet salinity values. These include installing some variable speed pumps and construction of JIM CHERRY: No, I understood the question. a conveyance channel that will help alleviate I don’t have that information right with me. I’m problems during the critical months of Septem- thinking it’s in the 417, but we have that infor- ber, October, November and January. mation available but I do not have that right Two major flood events on the Limitrophe with me. Section in 1983 and 1993 created some sediment COLORADO loading problems near Mexico’s intake on the BILL RINNE: And I think it’s true too, that RIVER DELTA Alamo Canal. A program was hatched to remove depending on the particular district or the land BI-NATIONAL SYMPOSIUM 330,000 cubic yards of material just upstream of types you had some variation in that. PROCEEDINGS

ENGLISH 36 JIM CHERRY: Absolutely. On the sandier And Carlos, I think the last question is for soils on the Mesa, they of course are going to use you. There’s a number three there. more water than in the valley, and the type of irrigation system also is going to dictate. If it’s CARLOS MARIN: The question is how much flood irrigation on sandier soils, it’s going to use water should be given to the Colorado River quite a bit more than drip irrigation on the Delta to be sustainable ecological quota? I have sandier soils. We do have those averages, but I no idea to tell you the truth, but the number that don’t have those with me right at this moment. I have heard from other sources is about 30,000 acre-feet. I really have no idea what it would BILL RINNE: And the second question also, take to sustain the Delta area. does the Bureau of Reclamation have any legal obligation to ensure reasonable use of Colorado TOM RYAN: Here’s the question. Are there River water? any instances where environmental legislation have freed, forced plumbing operations in the JIM CHERRY: Through the part 417 of the ... Colorado River to change in order to preserve the ecosystem. I think in the Upper Basin the BILL RINNE: Yes, the beneficial use. The answer to that is the Endangered Species Act beneficial consumptive use part 417. You have 1973. I don’t know that we’ve changed the another question. Okay. plumbing, but there’s been a number of re- operations of facilities, most notably Flaming JIM CHERRY: We do have a legal obligation Gorge and Navajo, where in order to provide to ensure that water is beneficially used and flows that are necessary to preserve and aid in consumed, Colorado River water. the recovery of endangered species, we have changed the operation patterns at those reser- BILL RINNE: Thank you, Jim. We have a voirs. question for Jayne. Why don’t you read it and then. JAYNE HARKINS: For the Lower Basin, we do have some specific Endangered Species Act JAYNE HARKINS: The question is on requirements on our elevations February 5th, we researchers, a group from which does impact Mohave releases and some of University of Baja, California, wrote a letter to the releases from Hoover Dam. It doesn’t you asking for the interim surplus water policy change the amount of water we deliver past from 2001 to 2015 on the Colorado River water. Parker Dam, but it does impact the releases and And the question we ask you is related for elevations at certain times of the year for razor- which what will be the role of Mexico in this ... back suckers in Lake Mohave. I’m not sure what that says, in the interim surplus criteria? And does the U.S. Government TOM RYAN: Just one other addition. I did agree to share surplus water with Mexico? think of an actual plumbing change. There’s a The interim surplus criteria that we devel- fish ladder near the Redlands Diversion around oped were for guidelines on how to deliver the where the Redlands Diver- surplus water to the three lower basin states in sion had limited the passage of Colorado pike excess of 7.5 million acre-feet. It did not include minnows and so, that was specifically put in to how Mexico would share in that surplus water. allow for passage of endangered species. We do when we deliver flood control releases or COLORADO we’re projecting to deliver flood control releases, RIVER DELTA BI-NATIONAL make available to Mexico additional water SYMPOSIUM under the treaty. PROCEEDINGS

ENGLISH 37 Panel II, deliveries so as not to impact operation too much. However, such alterations to the schedule Conveyance do require close coordination between the agencies involved. Systems and Changes to deliveries at the NIB will be reflected in balancing the deliveries made at the Infrastructure SIB. At the SIB, the water deliveries primarily consist of untreated effluent from Yuma and in the Colorado drainage flows and is used to irrigate lands in the San Luis area. Water received at the NIB is River Basin in primarily for irrigation in Mexicali and the Mexico: Tijuana aqueduct. Volumes of Colorado River water over the border have varied throughout the 20th Century. FRANCISCO A. BERNAL RODRIGUEZ Events such as the construction of Glen Canyon INTERNATIONAL BOUNDARY AND Dam reduced the amount of surplus waters delivered to Mexico. At times, surplus flows WATER COMMISSION, MEXICAN were quite heavy and this resulted in construc- SECTION, MEXICALI OFFICE: tion of infrastructure in Mexico that could Mr. Bernal focused on the operational aspects handle such large volumes of water. In recent of the IBWC from Mexico’s perspective. years, these surplus flows have benefited the In relation to the rest of the Colorado River Delta. In 1999, the surplus flows were not basin, the section of the river in Mexico is tremendous, but they were stable and continu- relatively short, however, it still serves as the ous. water supply for the states of Baja and a portion Though Minute 242 set a salinity standard at of Sonora. The number of dams throughout the the NIB, it did not set a standard for the SIB and United States and Mexico provide a water those flows have an average of 1,400 parts-per- supply for specific uses. However, water is not million. The number, however, has decreased in provided for the Gulf of Mexico. the past year because pumping has increased The Mexican section of the IBWC is respon- from other sources in the Yuma Valley. In 1996, sible for operating and maintaining Morelos when surplus flows were minimal, the difference Dam. This includes the water quality aspects between Morelos and Imperial dams was 400 that were mentioned by previous speakers. parts-per-million. From the Wellton-Mohawk When going into a water year, the National drainage channel that feeds the Cienega de Water Commission sends to the Mexican section Santa Clara, salt loads currently measure about of the IBWC a calendar of desired water vol- 2,500 parts-per-million. umes for delivery which, in turn, will be turned Minute 291, passed in 1993, led to efforts to into water use. Las derivaciones se hacen clean the Colorado River channel on both sides conforme lo establecen las reglas del Tratado de of the border that were impacted by sediment. 1944 and then is delivered at the NIB or SIB and During the past two years, a sedimentation basin these deliveries have a right to increase or was constructed on the Colorado River, 2.7 decrease in an amount not to exceed 20 percent. kilometers downstream from Morelos Dam This is an important aspect to recognize because (financed by the Bureau) that has been effective Mexico does not have a dam to store water. This COLORADO in decreasing sediment loading in the water. flexibility allows Mexico to alter the delivery RIVER DELTA Prior to the signing of Minute 306, a letter of BI-NATIONAL amounts if use fluctuates. Changes to delivery intent was signed in 1997 between both govern- SYMPOSIUM requests are reflected in the upcoming month’s PROCEEDINGS

ENGLISH 38 ments to explore and exchange information Colorado, Sonora and the rest, 181,000 hectares, regarding the Colorado River Delta. Environ- in the state of Baja. The Colorado River is the mental groups have been outspoken about only secure source of water for the whole state of implementation of the Lower Colorado River Baja California. Multi-Species Conservation Program because it Groundwater, about 197 million cubic meters does not extend beyond the border. annually, is used in the San Luis region (23 Also that year, a joint work group (IV Work million) and for urban areas like San Luis Rio group) was started between the two sections of Colorado, Mexicali (82 million), Tecate (3.3 the IBWC, Bureau and Mexican agencies in- million), Ensenada (9 million) and Tijuana (80 volved in these issues – the first phase of which million). Agriculture also uses groundwater – was to use GPS geographic information to about 500 million cubic meters annually, 200 analyze vegetation in the Cienega de Santa million of which are for private use. There are Clara. Technical meetings have been held to 725 wells, 432 of which are federal, 236 private analyze the environmental impacts of upstream and an additional 67 that are federal but that are water projects on the Delta and how to make used by the urban area in San Luis. these projects more compatible with the Delta Over the past eight years, there has been some while not creating a direct impact on their surplus water available. It is estimated that over operation. This bi-national work group has been the last eight years – which were heavier surplus identifying projects and updating an inventory water years – surplus flows have exceeded 800 of information, including scientific, governmen- million cubic meters. If enough warning is given tal and academic information, for the public. about the possibility of surplus flows, such flows Modeling also has been proposed to determine can be used to support a second harvest. Surplus how flooding certain areas of the Delta would flows also can be used in lieu of pumping impact vegetation in the Delta. It is these meet- groundwater. ings that led to the organization of the bi- The Delta serves as a means of managing national Delta symposium – an integral compo- flows to and from the irrigation districts. Four nent to the management of the Delta. operational levels are used to accomplish this. First, the National Water Commission handles JOSE TREJO ALVARADO deliveries from Morelos Dam through the first DIRECTOR, MEXICALI IRRIGATION 27 kilometers of the main river channel. Sec- ondly, it is delivered to the myriad of irrigation DISTRICT, NATIONAL WATER canals, loosely controlled by an overseeing body. COMMISSION: Thirdly, this body then delivers water to the 23 Most of the years, the river below the border civil associations who fourthly, deliver it to the is dry. Most of the water diverted at Morelos district for irrigation. The waters are delivered Dam is used by the irrigation districts in the through a system comprised of 424 kilometers of Mexicali Valley for beneficial uses. In total, main channels and 2,152 kilometers of secondary including groundwater, there are about 2,740 channels for irrigation districts, 2,350 of concrete million cubic meters of water available to the channels and 2,376 kilometers of open air region annually. channels. To manage all the channels, there are The Mexicali Valley is located in the last part 9,432 structures and 1,493 drains. of the Colorado River Basin and is comprised of Soil types have made managing Colorado an irrigation basin of about 350,000 hectares with River flows a challenge. Most of the soil deposi- infrastructure to support about 250,000 hectares. tion in Mexico is the result of sedimentation COLORADO However, because of public distribution, there from higher in the basin. Certain soil types have RIVER DELTA are only about 208,000 irrigated hectares. About BI-NATIONAL given rise to invasive plant species, such as salt 26,600 of the hectares are located in San Rio SYMPOSIUM PROCEEDINGS

ENGLISH 39 cedar. The impact from this invasive species has Article 3 of the 1944 Treaty outlines water use been reduced transport capacity in the river of deliveries to Mexico in order of preference as channel. Areas of the channel have been rip follows: First, domestic and municipal uses; rapped to help the river flow and discourage second, agriculture and stockraising; third, plant growth. In some cases, trouble areas of the electric power; fourth, other industrial uses; river channel are bypassed to ensure higher fifth, navigation; and sixth, hunting fishing and quality water. hunting. The final preference is for any other Along the Hardy River, there is irrigation beneficial use determined by the commission. infrastructure as well as pumping facilities. The Comments from a technical report on the treaty pumping facilities operate on gravity, and (reported by Mr. Orive de Alba, an executive permit distribution of agricultural runoff. member of the National Irrigation Committee) Currently, about 89 million cubic meters of states that the priority established by the ’44 agricultural runoff are flushed through the Treaty are in correspondence with the 1972 system and into the river. The lower section of federal decree that established federal water law. the river is more prone to sediment deposition However, the ’44 Treaty also states that federal because of sharp bends. executives can alter the order of the preferences The Gila River, especially in 1993, produced (with the exception of the domestic uses) when strong flows that impacted hydrology south of of interest to the community. the border. The result was large deposits of Baja California Mexico has changed from a sedimentation – about 12 million cubic meters. country with about 46 percent of its population Estimates are that all but about 5 million cubic in a rural setting in 1930 to only 9 percent of its meters could have stayed on the U.S. side if population in a rural setting by the mid-1990s. In proper precautions had been taken. The work 1992, the National Water Law was developed now being taken at Morelos Dam by the Bureau further giving domestic uses preference in times has helped to clean-up the large deposits of silt. of emergencies, scarcity, overuse or when there However, about 2 million cubic meters of silt is surplus. have created problems for the Mexicali water Mr. Orive de Alba’s report states that the distribution system. The deposits are currently stretch of the Colorado River in Yuma, where the being removed. river serves as the boundary between the two countries, flows at 32,554 gallon-per-second LUIS LÓPEZ MOCTEZUMA TORRES (6,800 cubic meters-per-second). The maximum PRIVATE CONSULTANT, BAJA runoff in 43 years of observation occurred in 1940 with about 22,700,000 acre-feet (28,000 CALIFORNIA: million cubic meters). Article 10, paragraph (a) Minute 306 defines the conceptual framework says Mexico is guaranteed 1,500,000 acre-ft between Mexico and U.S. for the development of (1,850 million cubic meters) annually. studies to provide recommendations about the Urban centers in Baja California are expected Colorado River and the Delta. Specifically, it to have a population of more than 4 million acknowledges the interest of the IBWC commis- people by the year 2030. Given the growing sioners and their corresponding governments in population, water distribution systems have to conserving the ecology of the river and the be better lined to be more efficient and effluent Delta. This includes developing joint studies, will have to be adequately treated for reuse. recommendations for cooperative projects and Despite a number of wastewater treatment the possibility of allocating water for environ- COLORADO plants in Baja California, wastewater is not being mental purposes based on the principal of equal RIVER DELTA reused in the major cities like Mexicali and BI-NATIONAL distribution of resources. SYMPOSIUM Tijuana. Mexicali returns its effluent to the New PROCEEDINGS

ENGLISH 40 River, and Tijuana and Ensenada return their Colorado River to examine the agencies in effluent to the sea. charge of water treatment and see what their Agriculture uses about 93.4 percent of the water recycling requirements are required as water; industry uses 3.8 percent; and municipali- well as research how such recycled water can be ties use about 2.7 percent. However, agriculture used. The water efficiency of these organizations loses about 70 percent of the water they use; must be examined and industrial water use must industry 20 percent; and municipalities 10 be improved. percent. How can riparian ecology be conserved in the *Defenders of Wildlife and Southwest Center for Limitrophe Section? By ascribing a water supply Biological Diversity. to the Delta. From 1930 to 1935 Hoover Dam was constructed and Mexico protested construction of the dam because it altered the hydrology of Q&A the river and modified the agreement between the two countries. However, it was acknowl- (VERBATIM): edged that the Colorado River was a navigable waterway that would extend to the Gulf of ALFONSO ANDRES CORTEZ LARA: California. However, in most years, the river Thank you, Mr. Lopez Moctezuma. We are does not reach to the Gulf. For the river to do concluding with this presentation the presenta- such would require additional flows. tions made by the panelists, and now we will The amount of water needed every four years, begin with the session of questions and answers, in order to sustain flora and fauna in the Delta comments, et cetera, complaints. And we have region, is estimated to be 353,500 acre-ft (436 sufficient time according to the program, so if million cubic meters). This breaks down to about you have any questions in writing please could 32,000 acre-ft (40 million cubic meters) a year you send them to us. We haven’t received any. I and 256,000 acre-ft (316 million cubic meters) ask you to tell me who those questions are every fourth year. The total amount corresponds directed to and that would be easier to answer to be less than 0.5 percent of the Colorado them. River’s total runoff for this same period of time – Here is a question: Who is part of the fourth a total of about 71,340,000 acre-ft (88,000 million work group and what are the specific purposes cubic meters).* of this group and the projects? The solution would seem to be a reduction in the amount of wasted water on both sides of the FRANCISCO BERNAL RODRIGUEZ: border. Article 8 of the treaty says national I think that it’s for me. The fourth work executives can decree the reserves of national group is a technical bi-national group that was water for the minimum flow required to main- formed, as I mentioned during my presentation, tain stable flows for the environment. This in 1997. This group is made up of authorities includes the preservation of aquatic species and from both governments. the restoration of aquatic ecosystems including On the Mexico side we have the participation marshes and lagoon, as well as aquatic ecosys- of representatives of the National Commission tems that have tourist or recreational value. of Natural Resources through the field office of There is a pending task, not addressed by the the Colorado River Biosphere Reserve and ’44 Treaty, to have a volume of Colorado River Upper Gulf of California (Upper Gulf), and also water permanently devoted to the river so that it people from the state government and the COLORADO can continue from its headwaters to the Gulf. We National Water Commission coordinated by RIVER DELTA BI-NATIONAL must agree to create a research center for the IBWC. SYMPOSIUM PROCEEDINGS

ENGLISH 41 On the U.S. side, the Bureau through the What we have not been able to do or to Boulder offices and Yuma, the Fish and Wildlife determine to date is the site. If these documents Service from the federal government, and some exist physically, how can you have access to other agencies at state and local levels. them? These documents are 500 to 1,000 pages This group is coordinated through IBWC and long. We could give some feedback on these the projects and objectives that they have are in requests, but we have to look for a way in which general to carry out projects to review some of we can, through abstracts or summaries or a the impacts hydraulic projects have in the literature guide, make them available as soon as Colorado River. I mentioned three projects that possible. This is coordinated by Mr. Campoy we are carrying out in that group. The first one with counterparts in the United States and the is to establish an inventory of the existing Mexican section in El Paso. information. The second project is the hydraulic With regards to the model, one thing follows model that is being condensed, and we will the other. If we don’t have the model devel- carry it out through a specialized group through oped, we have not identified the habitat restora- which people who create the model from the tion areas. But we have made some proposals United States and Mexico with specialized and some joint projects have been carried out groups, and the environmental side corresponds through the reserves operated by the Depart- to the agencies that I already mentioned. ment of Wildlife, together with the biosphere reserve, and they are proposing some sites. ALFONSO ANDRES CORTEZ LARA: The For example, they are proposing an area next question is also related to this. Maybe below Morelos Dam to restore some trees, and Bernal or the U.S. IBWC section can respond. It’s we have to review in order not to have an four questions in one and refers to the fourth impact on the operation of the Morelos Dam. group. How can the inventory be concluded or There are other areas like the Hardy River and available of this fourth work group, and if this other areas that are considered flood zones. inventory of documents would be available to However, something that we have discussed the public, how? Another question, how do you during the meetings on the Mexican side is that define the area of the Delta restoration, and as long as we don’t have the possibility of when can the information published be re- sustaining these sites with water, it would be leased? very difficult to implement them. This is the elemental, or the fundamental, part and as we FRANCISCO BERNAL RODRIGUEZ: Those solve this we would be trying to implement are several questions. That would have to be these types of practices. another presentation, but I will try to give you a fast answer. ALFONSO ANDRES CORTEZ LARA: These In some way I mentioned that these three questions are directed to CNA for Mr. Trejo projects are being carried out. However, we Alvarado. This is a question regarding the basin have made progress. The first project is estab- boards, how are they integrated or organized, lishing proposals. Maybe soon we can release and are the basin boards operating right now? this information. We’re looking for a way in which this depository of information could be JOSE TREJO ALVARADO: The basin boards through a web page or maybe through a docu- or councils were carried out at a state level, but ment that could be published. The most obvious are grouped by region. The users are grouped in COLORADO is that it could be through a web page coordi- the case of areas where they are using under- RIVER DELTA nated through certain groups, certain agencies. ground water. BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 42 In the case of the Mexicali Valley in this area ALFONSO ANDRES CORTEZ LARA: I of the Rio Colorado, we have the Rio Colorado think that this question is for Mr. Torres with Council made up of all the different type of regards to part of his presentation on the re- users. We have users from water companies, we search center that you mentioned in the Rio have urban public customers, agriculture Colorado. I think that this question is regarding consumers, industrial users, and agencies that expanding on this question. Who would be part make up the state government, the municipali- of this institute or how would it be formed? ties. We have two states and two municipalities, the State of Sonora and the State Baja, California; LUIS LóPEZ MOCTEZUMA TORRES: There the municipality of San Luis and the municipal- is the disposition because Minute 306 was ity of Mexicali. signed. How can we carry out this research on This basin council was formed a little bit more the Delta of the Rio Colorado? Well, with than a year ago. It is working. It is being experts on these areas. consolidated and we’re gathering information. I see and what I presented that in each water We’re talking about having a web page. We’re use we have a waste, sometimes greater, some- talking about having a bank of information or times smaller, and I’ll give you a very clear database. And it’s working to capacity with all example. The reserved water. We take it 180 the data. It is working to full capacity with all kilometers from here to over there, we move it its users integrated. 1,200 meters, we treat it and then we discharge to the sea. ALFONSO ANDRES CORTEZ LARA: I With domestic water, we use more than think that this question is for different institu- normal and that is because of a lack of research. tions even though it’s directed to IBWC U.S. And in the agricultural area, that’s more dra- section for the different actions carried out by matic. The waste of water in the agricultural the IBWC. How much do you consider the area, instead of making more beneficial use, we climactic variations, like for example the El Niño just waste it. or La Niña phenomena, or how much do you Who would form this institute? I would just integrate this into the actions that you carry out? leave it in the air. I don’t know. I know who can participate, the ones that I mentioned. We need CARLOS MARIN: On this issue I think as far many areas, not only experts at a local level but as IBWC is concerned, you know, we’re I guess at a national level as well. based on the treaty is the allocation of water to I think these three questions have to do with the communities or to the different countries. the ecological use of the Rio Colorado Delta. We do extensive water accounting both on the This has to do with the question of is it possible Colorado River and the Rio Grande, and I guess, to expand a Mexican official standard to define it’s synonymous of El Nino, La Nina, and stuff. the environmental use of what is required for It basically relates to the water that’s made this area to be sustainable? And I think that available to the different basins and, you know, everything is focused on the volumes required for municipal and agriculture, industrial use. I for the Delta. don’t think we put much emphasis on that on Mexican official standards are drafted by the the phenomena but just on the water that they Mexican side and in some ways, there are some provide is a very important issue. Not related to indication from research of a volume of water the Colorado River, but the Rio Grande, we do need to sustain the Delta. We continue working have a severe drought in that area and, of on that. COLORADO course, it’s a very delicate very serious issue that RIVER DELTA BI-NATIONAL we’re facing in that basin there. SYMPOSIUM PROCEEDINGS

ENGLISH 43 I think that the majority of these questions, up I’m appealing to the person who asked the to a certain point, will be answered with the question to remember the districts so you can presentations that we are going to hear tomor- obtain your answer. row. It would be important to make a link between the environmental side, the operational ALFONSO ANDRES CORTEZ LARA: And side and in some way the legal side, which is the here we conclude with these questions. All of legal frame that was discussed this morning. them have to do with the same thing. These refer That is the reason we’re here. And I think that to Minute 242 and clarifying what it has to do as we search for the answers during the presen- with the water salinity, the differences between tations, then we will satisfy those concerns we the water that we have in the Imperial Dam and have. the water that we have in Mexico and to expand on that aspect. Is there any program being ALFONSO ANDRES CORTEZ LARA: This considered to modify those great variations of is a question for Mr. Trejo. Can you expand on salinity in the water that Mexico receives? the information of how the underground flows move and how the aquifer in the Mexicali Valley FRANCISCO BERNAL RODRIGUEZ: I is supplied? I think they are trying to determine mentioned in my presentation about desire to how the All American Canal supplies water to eliminate the variation as we have greater the aquifer. availability of water. This is an issue occurs in a natural way, or periodic way, when we have JOSE TREJO ALVARADO: The hydrological surpluses. data from the Mexicali Valley using the flows We have a measure to improve the conditions that we have analyzed are more or less as in the NIB. We’re working on a limit for the SIB. follows. If you use your imagination, remember Jim Cherry mentioned in his presentation the the maps that we saw of the north of the bound- modification being proposed for the delivery ary line of the Rio Colorado, and then the part of area, the pumping area. They already have a the San Luis sandy area to be placed in the concrete project to begin in the next weeks. In irrigation area of the Rio San Luis. some way this implies modifying the systems to The aquifers that are exploited in the Mexicali control the speed. And in the process, we’ll be Valley, partially come from the north of the eliminating some of those saline peaks. Mexicali Valley. We’re talking about the wells To eliminate the saline peaks, we are consider- close to the area of Algodones. To the north they ing replacing certain waters that are supplied or come to the Mexicali Valley in 100 million cubic delivered on that side with water from the wells meters. Where we have the boundary of the that are being pumped in that area. Part of the Colorado River with Arizona and Baja Califor- more saline flows would be delivered through nia, we have another contribution of 50 million an interconnection channel with the Wellton- cubic meters. And we have another contribu- Mohawk channel. This is a project being carried tion, a vertical contribution, in the same irriga- out jointly with Yuma County Water Users tion district area given by our own users. Association and through the Bureau, in which We also have from the San Luis sandy area, Mexico and the United States are working to see another flow that comes from Arizona to Sonora what would be the U.S. requirements for Mexico to contribute what is supplied in that part. I’m to operate that diversion. talking from memory, and I would have to add One of them is to increase the capacity of COLORADO up all these numbers to give you the total Sanchez Mejorada canal so that it can give us an RIVER DELTA number of the volume I mentioned, but those average stability that is greater than what we are BI-NATIONAL SYMPOSIUM are more or less the flows. receiving right now. PROCEEDINGS

ENGLISH 44 In the case of the NIB, in a unilateral way, have to go to provide more water or share in Mexico has been working since 1996/97 to more water. implement equipment to measure salinity. These automatic systems would give us a measure- CARLOS MARIN: In the 1944 Treaty, it states ment in real-time that would allow us at a given that Mexico will share in any surplus if there is moment to be able to detect certain salinity no beneficial use in the United States. Again, peaks of the water that is coming into Mexico. like Jayne has mentioned, I think that would This is something that we have not agreed to require a modification. If I understand right, under the commission. Such a proposal would even in this interim surplus criteria, there’s give immediate knowledge of the salinity of the probably around a 23/24 percent chance during water that is coming into Mexico. We’re talking the next 15 years that Mexico would get a about automatic measurement systems which surplus allocation. Of course, it all depends on we could monitor using the existing communi- the system and any inflows into the system. It’s cation systems, allowing us to receive that just an issue that I think time will tell if Mexico information on a timely manner. will be getting any surplus waters out of the This proposal would require a certain invest- Colorado River system. ment and we are exploring this on the Mexican side from the perspective of having joint imple- mentation between Mexico and the United States. That would help us to generate certain information that, at a given moment, would allow us to have more adequate management aspects for delivery with regards to salinity.

ALFONSO ANDRES CORTEZ LARA: This is a very interesting question that perhaps could be answered by both sides. It has to do with the interim surplus criteria in the Rio Colorado.

FRANCISCO BERNAL RODRIGUEZ: We have shared the surpluses of the Colorado River, and usually we have had damages on the Mexican side when we have had flooding. How can Mexico be integrated into the interim surplus criteria?

JAYNE HARKINS: I think I mentioned earlier that the interim surplus guidelines were for the delivery of surplus water to the three Lower Basin states. I think looking further, if we wanted to define how Mexico would become a part, we would have to work with Mexico and put some definitions on treaty surplus and change parts of that or put more definition to COLORADO that part of what the surplus definitions are with RIVER DELTA BI-NATIONAL regards to the treaty. I think that’s where we’d SYMPOSIUM PROCEEDINGS

ENGLISH 45 September 2001 issue of the Journal of Arid Wednesday, September 12, 2001 Environments (Volume 49[1]). The U.C. Mexus Panel III program is funding ten new grants and there will be new investigators in the field in the Environmental upcoming years. On the U.S. side of the border, there is plenty Issues of water in the river channel next to the border, however, the water is contained within the channel and it has a very narrow flood plain. Technical and Most of the vegetation is dominated by shrub halophytic vegetation because there is no over- Scientific bank flooding to wash the salts from the soil and Studies to germinate tree seedlings. Most likely, flooding will not occur in this river segment as there is Species and property development along the river. Agricultural return flows are a primary Habitat in the source of water for the Delta. Wellton Mohawk Irrigation District irrigation flows over the past Colorado River 20 years have created the largest emergent wetland in the Sonoran Dessert – the Cienega de Delta and Upper Santa Clara. The wetland now covers about 15,000 acres. In 1993, these flows were inter- Gulf of rupted and the Cienega dried out. However, flows continued the following year and the California habitat was revived – verifying these ecosystems are very resilient. MODERATOR: EXEQUIEL EZCURRA On the Mexican side of the border, past Morelos Dam, the river has the ability to spread NATIONAL ECOLOGY INSTITUTE OF out over a flood plain. This has created extensive MEXICO: cottonwood/willow habitat that require flood Mr. Ezcurra informed the audience many events to become established. They seem to representatives from the U.S. government were continue their existence on subsurface water – requested to return home due to the incidents on about two meters beneath the river bed – even September 11 and that panels would be short. when there is no flow in the river. Flood flows He mentioned that given the incidents in the remain the largest source of water for the Delta. U.S., the dimension of what was being discussed About 20 percent of the total river flow in the at the conference seems smaller than the current past 20 years (since Lake Powell filled) have events unfolding in the U.S. been flood flows and these typically come with El Niño events. DR. EDWARD GLENN Over the past two years, remote sensing and UNIVERSITY OF ARIZONA, ENVIRON- ground studies have been conducted using ten MENTAL RESEARCH LABORATORY: cross river transects to measure the cottonwood/ Dr. Glenn began his talk by stressing the need willow zone and then categorizing by species COLORADO for more research in the Delta. There also is a and plant type. Most of the trees are from the RIVER DELTA great deal of research that has already been 1993 (about 70 percent of the vegetation) and BI-NATIONAL SYMPOSIUM conducted, including about 20 papers in the 1997 floods in the area. This has shown the PROCEEDINGS

ENGLISH 46 differences between the U.S. side of the river DR. SAÚL ÁLVAREZ BORREGO versus the Mexico side as a result of the pulse CENTER FOR HIGHER STUDIES AND flood flows. Most of the gallery forests that used SCIENTIFIC RESEARCH, ENSENADA: to dominate other parts of the river have re- Dr. Borrego said he would discuss the Upper established in Mexico. There are now several Gulf of California, while focusing on two thousand hectares of cottonwood and willow primary aspects: the impacts the lack of water in gallery forests in Mexico versus 98 hectares the Colorado River has had on salinity and the remaining on the U.S. side. apparent lack of nutrients and that impact on the There is an effort to determine the minimum collapse of some fisheries. flows needed to support the Delta habitat. In There isn’t a lack of nutrients. The primary January 1997, there was a release of approxi- problem stems from the change in water quality mately 250,000 acre-feet of water over a three- in the Upper Gulf – from an estuary to an anti- month period. This was enough water to inun- estuary. There are plenty of nutrients from date the flood plain, get water flowing into the agricultural runoff, such as nitrate, but the Gulf and Laguna Salada, and resulted in vegeta- effects of these on the estuary are still under tion response the following year. The water in study. the MODE canal will be needed to keep the The University of Baja California began Cienega alive – about 120,000 acre-feet of water conducting research on water quality in the annually. Upper Gulf in the 1970s. Though the Gulf of For the rest of the Delta, it is estimated that a California is under the sovereignty of Mexico, it flood release is needed every three to four years is a resource for both Mexico and the U.S. and in order to germinate new cottonwood and ultimately, the world. willow seedlings. Such trees can survive without We can compare the Gulf of California and water for three or four years as was shown by the Mediterranean. When the Nile River did not the trees established during the 1993 flows. flow into the eastern Mediterranean, sardine and Estimates for water needs in the Delta is about shrimp production collapsed due to the lack of 102,000 acre-feet of water annually. The total is nutrients, not unlike what is happening in the about .5 percent of the average annual flow of Gulf. While the Upper Gulf continues to be a the Colorado River. productive fishery, in a certain way, shrimpers The estuary region of the Delta also is need of also are to blame for the reduction of marine “freshening up.” Salinity measurements have biodiversity. They have continued to systemati- indicated that flows of 200 cubic-meters-per- cally harvest even when populations are small. second – about 20 percent of the maximum The Upper Gulf receives nutrients from releases done – decreases salt level in the estuary several sources including coastal upwelling off significantly in the northern Gulf. A correlation Sonora during winter and nutrients from also has been shown between shrimp catches relatively deep waters that are brought to the and flood events. To double the shrimp catch at surface by intense tidal mixing. This creates San Felipe (estuary region of the Delta), it’s intense photosynthesis. Temperatures vary estimated an additional 50,000 acre-feet of water greatly from less than 10 degrees centigrade to perennially is needed. more than 32 degrees centigrade with the warmer temperatures typically in the summer. Progressing from the Upper Gulf into the internal extreme of the anti-estuary, nitrate levels COLORADO increase and salinity levels decrease due to RIVER DELTA agricultural input. The 1993 flood flows pro- BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 47 duced more than two million acre-feet of fresh in 1993), and wet years in 1997 and 1999. The water to the Gulf. Southeastern portions of the images showed clear changes in the vegetation Upper Gulf showed higher levels of salinity with coverage of the area. In the studies, the images the northeastern portion showing the lowest showed an increase of about 75,000 hectares of levels. Studies also have indicated that nitrate coverage between 1992 and 1999. Some areas levels in the Upper Gulf tend to be higher showed increases to being covered 70 percent by during years in which there are not flood flows vegetation. to the Gulf. Modeling was done to try and determine how the vegetative growth was related to water flows FRANCISCO ZAMORA from the Colorado River and included examina- CONSERVATION INTERNATIONAL GULF tion of open water areas. Analysis indicated that the most important variable leading to greater OF CALIFORNIA PROGRAM, GUAYMAS: vegetation was the number of days that con- Mr. Zamora said he would focus on vegeta- tained flows greater than two cubic-meters-per- tion in the Delta from 1990 to 1999. This in- second. cluded discussion of how zones are defined in The analysis is important because it shows the Delta; how the percentage of vegetation that during a decade of alternating dry and wet coverage is determined; and finally, how that years, vegetation in the Delta increased. The coverage is related to Colorado River flows. ecosystem is capable of supporting itself during The area of study is approximately 100 miles dry periods and recovering during the wet of the river from Morelos Dam on down – about periods. Certain conservation measures could be 170,000 hectares. This is divided into eight zones implemented in the Delta to maintain the based on vegetation and water sources found in currently existing habitat. each. The first zone is Morelos Dam up to the crossing of the Colorado River on the highway. ERIC MELLINK The second zone is from that crossing up to the CENTER FOR HIGHER STUDIES AND railroad crossing – the San Luis Zone – and is SCIENTIFIC RESEARCH, ENSENADA: about 4,000 hectares. The third zone is from the Many of the species once found in the Delta railroad crossing to the last willow trees found region are no longer there or have very reduced on the river – about 7,000 hectares. The next populations because much of the habitat histori- zone includes the Hardy River area. There also is cally there no longer exists. Data, however, are the Hardy Colorado that includes 24,000 hect- limited. This is the case of beavers and some ares. There is the Ejido Drain. Other parts birds. White egrets were nearly hunted to include the Cienega de Santa Clara and the extinction early in the 20th century because of a interim region as well. demand for their feathers. Montague Island has The primary riparian areas include the become an important colony for these birds. Morelos, San Luis and Carranza zones – about Montague Island appears to be an important 25 percent; the Hardy – which is about 5 percent; habitat for birds, however, the island faces and the Hardy Colorado, which is the majority periods of flooding and this can be devastating with 34 percent. to the nesting species. There is the possibility The percentage of vegetation for each of these that if Colorado River flows increase to the areas was determined using satellite imagery. Delta, the flooding of Montague Island could The vegetation index was estimated using a increase and prove detrimental to the colonies. COLORADO RIVER DELTA formula and analyzed images from several years Conversely, increased flows will generate habitat BI-NATIONAL including 1992 (a year following several years of elsewhere in the Delta for these species. SYMPOSIUM drought), 1994 (a dry year following a wet year PROCEEDINGS

ENGLISH 48 KARL FLESSA the major diversions of fresh water. Surveys of UNIVERSITY OF ARIZONA, live mollusks indicate that current bivalve mollusk densities range from three to five per DEPARTMENT OF GEOSCIENCES: square meter. Estimates of past population Mr. Flessa said he would discuss bivalve densities – based on the number of shells, their mollusks in the Northern Gulf of California, in age range, generation time and habitat area – particular, because they are an indicator of range from 25 to 50 per square meter. This productivity and diversity of the Northern Gulf indicates a population crash of 34 to 95 percent ecosystem in the vicinity of the Colorado River since diversion of Colorado River water. Delta. 90 to 95 percent of the shells found are of one Bivalve mollusks, after they die, leave behind species – Mulinia coloradoensis – the Colorado a record of past environmental conditions in Delta clam – endemic to the Delta. This indicates their shells. By dating the shells, a good indica- that the Colorado Delta clam was once the most tion can be given of what the Delta was like abundant bivalve in the region. But this is no before the diversion of water from the river. longer the case. Today, the genus Chione is the Based on our data, we conclude that population most common bivalve with Mulinia composing sizes and diversity of bivalve mollusks were less than five percent of the fauna. The change in much greater in the past – in the era before the abundance is attributed to the decrease in dams – than they are today. Other invertebrate nutrient input by the Colorado River while the populations (crabs, shrimps, snails, echino- change in species composition is the result of the derms, brachiopods, annelid worms, etc.) also increase in salinity. The Chione are more salt were probably also more abundant – probably tolerant. the result of a higher nutrient supply from the Although there is now a lot of information river. Populations of birds, fish, and marine about environments of the Delta and Upper Gulf mammals were probably also higher in the past of California, I think that the scientific research because of the greater supply of invertebrates for needs to be better coordinated. Scientists often food. use different methods. We focus on different Mulinia coloradoensis, the Colorado Delta clam, organisms. We work in different areas. We could was extremely abundant in the pre-dam era but coordinate our work with a series of baseline is very rare today. It is found nowhere else than studies. Then, when the next flood flow in the in the Delta. We believe that this species is Delta occurs, we could study the short-term and endangered by the increase in salinity due to the long-term effects of pulse flows of river water. diversion of fresh water. Oxygen isotopes in the Such a large, coordinated study could result in clamshells indicate that this species prefers a an integrated view of how the ecosystem re- mixture of fresh water and sea. sponds to increased amounts of water. Scientists Islands and beaches in the marine zone of the on both sides of the border are ready to do this Delta are composed entirely of shell material necessary work; all we need is the financial and extend for great distances – some up to 40 to support. 50 kilometers – from the mouth of the river towards San Felipe. This is a record of high biological productivity in the past. We estimate JAQUELINE GARCÍA HERNANDEZ that more than two trillion shells compose the CENTRO DE INVESTIGACIÓN EN beaches and islands in the marine zone. ALIMENTACIÓN Y DESARROLLO, A.C., Radiocarbon and amino acid dating of these UAYMAS CIAD, G : COLORADO shells indicates they represent a thousand-year Ms. Garcia said she would discuss results of a RIVER DELTA interval of time – most from before 1950; before water quality study in the Delta that took place BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 49 from 1996 to 2000. Those studies focused on the With regards to pesticides, 86 percent of the impact of contaminants on wildlife, in particular, samples taken contained DDE in a range of .01 the distribution of selenium, trace metals and to .34 ppm. Effects from toxicity can be seen concentrations of organochlorine pesticides in between .15 and .3 ppm. 30 percent of the the sediment and biota of the different Delta samples were above .15 ppm and none exceed 1 wetlands. ppm. DDT was found in 26 percent of the Chemical contaminants are a great threat to samples ranging in concentration from .01 to .3 both surface waters and groundwater. Such ppm. The range indicated DDT was used contaminants include heavy metals, asbestos, recently and often (but before the 1980s when it algae nutrients, organic contaminants, PCBs, was banned). pesticides, oil, sewage, pathogens, detergents, Areas that received agricultural runoff but chemical carcinogens and sediment/salt. that had flushing mechanisms (such as tides) Selenium is a semi-metal resulting from had lower concentrations of selenium. Areas that sedimentary rock exposure in the Colorado had mild reducing or oxidizing conditions, low River drainage and though it is an essential organic carbon and high sand content were micronutrient, concentrations of it may produce likely to result in high selenium levels in fish. a toxic effect ranging from physical deformities Generally, these areas received agricultural during embryonic development to sterility and runoff but had little or no outflow. These sites death. An example of such is the Kesterson included the MODE canal, the El Mayor wet- Wildlife Refuge in California’s San Joaquin lands, the Cienega de Santa Clara and the El Valley. Indio wetlands. In the Delta, 41 samples of sediments were The recommendations are to closely monitor taken from different sites, as well as samples of the El Mayor wetlands because of high avian use fish, invertebrates, insects and amphibians from and to monitor the reproductive success of the 12 locations in the Delta. Sediment values ranges Yuma clapper rail in the Cienega de Santa Clara. from .6 up to 2.81 parts-per-million (ppm). Some Outflows from wetlands help to keep selenium of the higher concentrations are found in wet- concentrations to a minimum. Dredging in areas lands and these are believed to receive water with little or no outflow should be avoided or, at from agricultural drains around Mexicali and least, such dredging should be coordinated after San Luis and a geothermal plant. birds have nested to avoid creating high concen- The threshold for birth defects in fish and trations of selenium to the chicks. Where out- invertebrates is 3 ppm with 23 percent of the flow is limited, periods of drying and flooding samples exceeding this guideline. El Mayor should be avoided. Overall, more research indicated a high level in sediment and fish. In should be conducted, including on the effects of Bocana, located high in the Gulf, shrimp were pesticides on wildlife; an analysis of groundwa- collected containing high levels of selenium. ter for organic and inorganic compounds; and Other areas such as Cienega De Santa Clara, the impact of water quality from sewage, Mosqueda Camp and Campo Flores also indi- fertilizers and industrial discharges. cated high levels of selenium. When the same species of mosquito fish are NICHOLAS P. Y ENSEN compared between sites north of the border in NYPA INTERNATIONAL, TUCSON, AZ: the U.S. and south of the border in Mexico, Mr. Yensen said his talk would focus on concentrations are higher in the north – 9.5 ppm wetland and estuarine ecology, in particular, COLORADO versus 2.6 ppm. A relationship was not found halophytes, found in the Delta. The Cocopah RIVER DELTA between selenium concentration in the sediment BI-NATIONAL Indians used to harvest Distichlis palmeri and SYMPOSIUM and that found in fauna. store it in baskets for the lean times of the year. PROCEEDINGS

ENGLISH 50 Once, the plant was thought to be extinct, principally known from the southern part of the however, it has since been found and studied. Gulf near the mouth of the Gulf. We have looked Most halophytes (of which the Distichlis at specimens of Mulinia pallida and we have palmeri is one) require fresh water for germina- examined the isotopic composition of shells tion. This has proven to be one of the problems from Nayarit and also from the area north of in the Delta – a lack of fresh water has meant Guyamas. We have not found any evidence for less germination for the halophytes. When water fresh water influence in the shells of those does flow, germination is tremendous. Halo- specimens. It appears that Mulinia coloradoensis phytes increase growth with increased salinity to is the only species of Mulinia that shows the a certain point, however, it begins to drop after influence of the Colorado River. that point is reached. Distichlis palmeri grows well in inundated areas and has aerenchyma to EXEQUIEL EZCURRA: Ms. Hernandez, 2.5 assist in carrying oxygen to the roots. Conse- selenium is considered in your study as the quently, it can grow well in anaerobic soils. maximum concentration that causes abnormali- Distichlis palmeri only yields about one pound ties. Could you please tell me if the lagoons in to the acre and has nutritional characteristics are similar or different? similar to whole wheat. By cross fertilizing, the yield was increased to about four tons to the JAQUELINE GARCÍA HERNÁNDEZ: In hectare. Cerro Prieto, I only obtained two samples in the There are about 120 species of halophytes in lagoon, which is the first inflow of water, be- the Gulf of California region. Worldwide, there cause they use those lagoons for evaporation. I are over 2000 species of plants that are salt took the sample in a lagoon where the largest tolerant. There are various projects being under- population of desert pupfish is found. I didn’t taken by companies to work with halophytes to take from all the lagoons because there’s no life remove salts from the soil. NyPa has a nursery in the rest of them. In that lagoon, we found 1.6 in Arkansas experimenting with about 20 parts-per-million of selenium in the sediment. different species of plants endemic to the region. So, they are below 2.5 that could cause abnor- It would take a very little amount of water to malities. create a greenbelt in the Delta. This was could all This element selenium is an element that is be drainage water as there is quite an adequate natural. There are certain organisms, the native supply if it were properly used. organisms of this area, that could be accustomed to (or they evolved in order to have a greater Q&A tolerance for) the levels of selenium. That is why it’s so important to make this study in birds, to (VERBATIM): see whether the levels that we found in fish and in sediment creating an impact. EXEQUIEL EZCURRA: The question is about other species of Mulinia elsewhere in the Gulf of EXEQUIEL EZCURRA: And then it says: California, especially to the south, and to what How can you explain that the lagoons host the extent they might have evidence for the influ- most active population of desert pupfish? ence of the Colorado River in the 20th century. NICHOLAS P. YENSEN: This is why I told KARL FLESSA: The species Mulinia you they can sustain higher levels because of the coloradoensis occurs only in the Delta. The other fact that they have been here for a long period of COLORADO species of Mulinia that occurs in the Gulf of time and selenium also is an element that has RIVER DELTA BI-NATIONAL California is Mulinia pallida. Mulinia pallida is been here. SYMPOSIUM PROCEEDINGS

ENGLISH 51 The mosquito fish, you made the distinction EXEQUIEL EZCURRA: There is a question between the toxicology differences in the status whether the vegetation maps were available on of the fish. Your conclusion does not agree for the Internet. the Cerro Prieto site and the pupfish. I hope those was clear, and if not you can ask me later. SAÚL ÁLVAREZ BORREGO: They’re not I want to say something about selenium. In available on the Internet, but that’s a good the Central Valley of California, I have found option. They will be initially available, at least that there is bacteria that can tolerate selenium. on paper, in the publication published in Sep- Also, the salt grass can tolerate selenium and it tember in the Journal of Arid Environments. transforms it. It can clean sites. It could be used for remediation. The wetlands clean or heal the EXEQUIEL EZCURRA: There’s a question for body of the rivers and they can clean those toxic me. It says: What happened to species like the elements before they go into the Gulf. vaquita and jaguar?

EXEQUIEL EZCURRA: I have a question that FRANCISCO ZAMORA: The jaguar disap- says: Could you please explain a little bit more peared from the Delta. There were reports from about the potential danger of solutions for the the early 20th Century that jaguars had a large Salton Sea and the Upper Gulf of California? population. In reality, there were likely isolated individuals north of Sonora to the Gila River. JAQUELINE GARCÍA HERNANDEZ: Well, There were reports of a very small local popula- there is only one possible solution for Salton Sea tion but I don’t really believe this. The fact is that that I was mentioning. I believe that about two the habitat has changed so much that I don’t years ago it was very clear that it would be very think they exist anymore, and if there are any, difficult to implement it and this is the solution they would have killed them already. The fact is that is called the exchange solution. This was an that you won’t find any jaguars. idea to pump water to the Upper Gulf and then With regards to the vaquita. The vaquita is a to the Salton Sea and then to the Upper Gulf. species of the Delta and of the Upper Gulf. Like I explained in my presentation, the danger Somebody mentioned some weeks ago that I is that this is a marsh with high salinity that think there’s about 600 individuals. It’s a species would be very hot in summer and it has high that is very difficult to study and to determine concentrations of things like selenium and other population numbers. We’re working with toxins. acoustic methods. They are endangered species under any standard. EXEQUIEL EZCURRA: There is another One of the causes, or the basic reasons, of why question here that says: Considering the impor- vaquita are in this condition is because they can tance of the supply of carbon and nitrogen in the get tangled in fishing nets. In recent studies, high gulf of California, what is the opinion of people who were conducting the study said the the panelists to use waste water from urban mammal is very easily tangled. Some people areas, duly treated, for environmental restora- say that the lack of fresh water has affected their tion? reproduction. This is a point for discussion. There are people who do not say the same thing NICHOLAS P. YENSEN: It doesn’t have an and lack enough information to be on one side impact because we have an excess of nitrogen or the other. COLORADO and carbon in sea water. And taking advantage of this question, I RIVER DELTA would like to make a comment regarding other BI-NATIONAL SYMPOSIUM species. Yesterday we discussed waste waters. If PROCEEDINGS

ENGLISH 52 you see the images in the Mexicali Valley and EXEQUIEL EZCURRA: Another question: , they are very different because How many samples per year of shrimp do you of the bushes that we have. This is very unique take and for how many continuous years have for different species and they have problems of you been sampling shrimp? conservation in southern California. There’s some cotton rats and I think that we haven’t SAUL ALVAREZ BORREGO: Well, first like I found them but I think that California is in a said, I’m not the one that has sampled. I took it similar condition. from a thesis for a bachelors degree that sampled in the 70’s. The problem with these types of EXEQUIEL EZCURRA: The specific question studies is that since we haven’t had any money is: Can you explain, in detail, the statement that to sustain a research, these are studies that have with the contribution of water from the Colo- been very fixed. The scope is changing because rado River, the levels of nutrients are higher? of a program with UC Mexus and the National Board of Science and Technology. We hope they ERIC MELLINK: Well, objectively, this has will carry out this program for a few years. We been determined by the analysis carried out. cannot monitor this frequently. These shrimp They showed charts that in a wet year, April of boats were on loan to the university to carry out 1993, the general nutrients of the gulf were these samples. The other problem is that it’s not higher than a dry year like April 1996. The these easy to identify the juvenile shrimp. They’re studies were directed by Salvadore Galindo and very small and you have to have some expertise published in Coastal Science stating that from ‘89 to do it. to ‘90 dry years, there were very high concentra- On the other side, based on research from the tions of nutrients up to 50 micrometers. So Marine Institute of the University of Baja Cali- evidently this is something objective that results fornia, we know totoaba can reproduce easily. from analysis. On one hand, we don’t have a sample where we need the water from the Rio Colorado, and on EXEQUIEL EZCURRA: The second part says: the other hand, we have a very clear picture that Can you expand on the characteristics of the the shrimp nets capture totoaba fish by the Upper Gulf that make it more resistant to hundreds, at least in this case. nutrient deprivation? EXEQUIEL EZCURRA: Can you predict any ERIC MELLINK: The main reason of the effects on the Yuma? richness of the California Gulf is because of coastal movements due to the winds and the JAQUELINE GARCÍA HERNANDEZ: I currents. This causes the nutrients that are rich think that the worst effect is to put in operation go to the surface where they have sunlight. This the marshes and not too much water with high is one reason. And the other one is the tides that salinity so the first thing that it would effect is keep the water very well mixed and there’s the salinity and it would reduce the concentra- always a high concentration of nutrients where tions of salinity would be higher than what we there’s light. And in the Mediterranean every- have right now. thing is very calm, the tide is 20 centimeters between the highest to the lowest compared to more than 7 meters in the Upper Gulf. The system doesn’t have too much energy and if you COLORADO don’t have any nutrients from the Nile, then RIVER DELTA BI-NATIONAL they don’t have any nutrients. SYMPOSIUM PROCEEDINGS

ENGLISH 53 Existing has been funded and is expected to begin implementation in 2002. Restoration The El Indio site, of the three, is the most in the design phase. The focus (similar to the Projects Moscela site) will be on establishing and re- establishing emergent vegetation and includes an aquaculture component. The project is MARK BRIGGS currently working to obtain funding. Mr. Briggs said he has been involved, on the The El Tapon project has been funded and community level, with restoration projects in the implemented by a local organization called the Delta. He said there are three primary projects ULIC. The primary purpose of the project is to he has been working on: the Moscela project, establish a small dam on the Hardy River to located along the Hardy River near the Cocopah elevate the water level and create more wetland Mountains; the El Indio wetlands restoration areas. As with the other projects, the El Tapon project, east of the Cienega de Santa Clara; and project stresses community involvement in the El Tapon – a small dam along the Hardy River restoration efforts which, in turn, leads to an just downstream of the Moscela project. improved Delta ecosystem The three projects have the same five princi- To create a greater ecological system in the pal objectives: to improve local ecological Delta, several efforts need to happen. To change conditions (carried out at the community level river management, water policy must be with a variety of people and organizations) by changed. And this requires a greater under- either manipulating or changing the flow in the standing of ecological conditions in the Delta. river or through different revegetation efforts; to This includes a greater awareness for locals in re-establish native seed sources; to bring benefit this region, to restore these areas and to prevent to local communities and make a connection further damage to the system. between the ecology and livelihood of the Spot restoration efforts such as these, how- people that live there; to raise awareness of the ever, will not entirely restore the Delta. The total residents that live there, including understand- land area for the restoration projects is approxi- ing of regional issues; and to demonstrate the mately 40 hectares. The idea is to gather commu- power of restoration and the power of communi- nity involvement and create the momentum ties through tangible improvements. Residents necessary to create greater change. These involved with the projects would like to use the projects examples of what needs to be done on a sites and gain some economic benefit from the broader scale in the Delta. areas. The Moscela site, along the Hardy River, is ELENA CHAVARRÍA near an area known as Compo Moscela. The site, SONORA: about ten hectares, was once heavily farmed but Ms. Chavarría began her presentation with has been fallow for the past eight years. The idea the question: What does restoration of the Delta is to take the site and re-establish cottonwood mean for the people that live there? Information and willows, mesquite and some wetlands. This can be obtained, regulations established and an site, and the El Indio site, require water and soil international dialogue enacted but without the samples to determine what types of vegetation will of the people, progress will not be made. can best grow there. The emergent wetland Ten years ago when restoration efforts in the COLORADO system will be supplied from several irrigation Delta began, the focus was on making progress RIVER DELTA canals connected to the Hardy River and will in specific areas but without paying attention to BI-NATIONAL include an aquaculture component. The project SYMPOSIUM PROCEEDINGS

ENGLISH 54 the local population. However, involvement has particular, to the Delta ecosystem that has been changed. It is no longer viewed as just a single sustained and restored over the past 20 years. person’s effort, but as projects that involve The weather is unpredictable but if the Delta communities. Ethics levels, while important to doesn’t receive some near term water supplies include the environment, also must consider the by next summer, the ecosystem will begin to needs to the local communities. show signs of stress. Reassigning water from one use to another There are two potential approaches for has been discussed as one possible solution for bringing water to the Delta. the Delta. However, there also needs to be a One involves bringing in water from the U.S. change in philosophy that recognizes commu- but this only is allowed during surplus condi- nity obligations as well because without it, tions. However, an agreement in the 1970’s efforts to create a long-standing contribution under Minute 242 allows Wellton-Mohawk will be in vain. drainage water to be delivered past Morelos Dam and replaced with water from the Yuma MICHAEL CLINTON desalting plant or with fresh water from other MICHAEL CLINTON ENGINEERING, sources. There are currently large amounts of brackish water – agricultural drainage – in the LAS VEGAS, NEVADA: south Gila Valley and the Yuma Valley being Mr. Clinton said he would discuss the efforts delivered as part of Mexico’s Morelos Dam of a team of professional from the U.S. and delivery entitlement. Due to legal constraints in Mexico, funded by the David and Lucille the U.S., the only way to get water into the Delta Packard Foundation. ecosystem from the U.S. may be to move those In 2001, about ten million acre-feet of water resources away from being delivered in the river will be released from Hoover Dam to meet the and into a bypass drain for delivery into Mexico needs of downstream users. None of that water for ecological purposes. By diverting those is released for ecological purposes and instead is brackish water for use by the Delta ecosystem, used to meet contracts, agreements and the 1944 this also could improve the water quality of the Water Treaty. Ten million acre-feet is one million deliveries to the Mexicali and San Luis Rio acre-feet more than was needed to be released Colorado valleys. five years ago. Uses in the U.S. continue to grow Another potential source of supply could be and the states continue to use more of their to lease or purchase water rights in the Mexicali entitlements. and San Luis Rio Colorado valleys and transfer The basin is in its third year of a drought with those fresh water resources from their current runoff for 2001 – about 56 percent of normal. In agricultural uses to ecological uses. Examination the last three years, Colorado River Basin of CNA regulations and water law in Mexico reservoirs have been drawn down about 12 shows that such an effort is viable. million acre-feet and as such, the Bureau has There have been concerns over whether or not done its best to end inadvertent deliveries to such waters acquired for the ecosystem would parties not entitled to them. Extra water released actually get to their intended purpose in Mexico. to help keep a dredge afloat near the City of Analysis of CNA operations in District 14 in Yuma has stopped. Mexico showed that accounting systems and the In recent months, deliveries at Morelos Dam protection of water rights in the valley are as have exactly matched delivery requirements good or better than any place in the U.S. There with no significant excess water deliveries. are marginal farmlands located west of Mexicali COLORADO Under such tight releases, there will be very and at the south end of the Mexicali Valley that RIVER DELTA little excess water delivered to Mexico and in BI-NATIONAL could temporarily or permanently be taken out SYMPOSIUM PROCEEDINGS

ENGLISH 55 of production. The water rights could be deliv- the volume of water, but the quality of the water ered to existing CNA canals into wetland areas as well. It also includes the organisms associ- that have been protected for over the last 15 to ated with these ecosystems, such as the vaquita 20 years. refuge in a portion of the Colorado River. Currently, these are just ideas. The next step In analyzing river flows, it is important not to would be to implement the recommendations, think strictly about optimum flows but also leading to an interim (versus a permanent) about flows that sustain natural organism water supply. Work needs to be done to develop populations. Precautions must be taken when a long-term water management strategy in the designating flow requirements to take into next three to five years. However, there is account adequate habitat for flora and fauna, concern that the existing wetlands cannot acceptable water temperature and salt and survive in their current state if a solution is not oxygen levels appropriate to specific areas of the enacted. A bi-national effort to bring water from river. The flows also should include artificial both nations is the near-term is needed to flooding in order to scrub riverbanks and sustain these resources – if only on an interim improve overall water quality. Some of the basis – as it is not know what is needed for a current flow regimens are based on historical final solution. It would probably need to be a flows as well as the results of hydraulic model- five-year period needed to sustain the Delta ing designed to protect aquatic life. ecosystems for now. There are fixed averages for current flows in order to meet downstream needs. Minimum ALBERTO JAIME PREDES flow criteria are based on historical flows. To MEXICO NATIONAL WATER establish ecological flows based on historical data, the demands of downstream users would COMMISSION: have to be weighed with the ecological needs. A Mr. Jaime said general Mexican environmen- number of rivers around the U.S. have used tal laws protect aquatic ecosystems. Citizen different types of methods to determine ecologi- concern for riparian and aquatic ecosystems is cal flows within existing flow frameworks, growing because of the realized aesthetic values however, they vary from river to river because of and impacts from loss of habitat. Some have said the diversity of organisms found there. minimum flow requirements should be guaran- Because flow studies to determine the best teed for the protection, conservation and restora- ecological flows could take many years, propos- tion of aquatic ecosystems including marshes als have been made to contribute a certain and swamps. This should hold true for ecosys- percentage of the average monthly flows to the tems that have historic value or display great Delta. Such flows could occur 95 percent of the biodiversity. time in a natural setting. The Colorado River is Under regulations of Mexican national water not a small river and has daily flows of 650 cubic law, for water to be used for ecological purposes, meters per second with a possible variation in there must be an understanding of the minimum flows of 60 cubic meters per second. During amount of water needed to sustain the ecosys- periods of heavy precipitation, flows can reach tem. This is important to know for when sup- upwards of 15,000 cubic meters per second. plies are scarce. Instream flows for ecological A bi-national group needs to be established to purposes are permissible as long as they do not determine flow regimes to the Delta. This interfere with the operation of the delivery includes determining which zones in the Delta infrastructure. COLORADO should receive what amounts of water to best It also is necessary to know the other end of RIVER DELTA recover the flora and fauna of the ecosystem. BI-NATIONAL the spectrum: What are the maximum flows an Alternatives for providing the water needed to SYMPOSIUM ecosystem can tolerate? This includes not only PROCEEDINGS

ENGLISH 56 meet ecological needs should be determined. tions continued to be devastated by trawling These could include recognizing the Delta as a practices. legitimate user of Colorado River water; buying To better manage the fishery stocks, more or giving water rights to the Delta; or using attention needs to be paid to the life cycle of agricultural irrigation surplus from both sides of these species. It is imperative to understanding the border. Actions that would deteriorate the the factors that can impact the survival of the Delta further, such as the proposed interim species at various life phases. Many of these surplus guidelines, should be prevented. species use the Upper Gulf estuary for various stages of their life cycle. PEGGY TURK-BOYER In 1993, during the wake of the shrimp crisis, INTERCULTURAL CENTER FOR THE the Upper Gulf of California and Colorado River Delta Biosphere Reserve was established, in part, STUDY OF DESERTS AND OCEANS: to offer protection to endemic endangered Ms. Turk-Boyer said her talk would center on species. The shrimp industry was behind the community participation and the management dedication of the reserve and has participated of fisheries resources in the Upper Gulf of actively in the development of a management California. plan for the reserve. Small-scale fisherman The northern Gulf of California estuary is became involved in 1996 and through a series of famous for its abundance of fisheries resources. about 170 interviews, information was gathered In the 1920’s, fishermen came in dugout canoes about their fishing practices and published in a from Sonora and Sinaloa to establish fishing book called “Fishing between the Tides of the communities in El Golfo Santa Clara, Puerto Upper Gulf of California.” The book provides Peñasco and San Felipe. insight into the 13 major fisheries in the Upper The economy of the three communities still Gulf, the species fished, a history of the fisheries, relies on fishing today (though tourism is of equipment used and most importantly, the increasing importance). Over $22 million in U.S. fishermen’s ideas for species management and dollars directly enters the economies because of overall management of the fisheries in the Upper fishing. Gulf. The final point is important and one of the There’s been relatively little research done conclusions of the study is that fishery manage- related to the fishery productivity and the flow ment needs to involve fishermen, and because it of the Colorado River. Some recent work done is diverse and dynamic it should be managed by by Ed Glenn and Salvador Galindo Beck show zones or by fishing sectors. there’s a relationship and that increased river Interestingly, one of the high priorities for flows have a logarithmic effect on shrimp better management given by the small-scale production. Examining fisheries crises also fishermen, especially from San Felipe and El might provide some insight about problems Golfo de Santa Clara, is the need for release of plaguing the Upper Gulf. The shrimping crisis at Colorado River water. The request for higher the end of the 1980’s and into the beginning of flows was found to be less in demand in the the 1990’s, resulted in a 50 percent reduction in Puerto Peñasco community perhaps because shrimp catches. This crisis corresponded with they are less physically aware of the flow of the the five consecutively driest years of Colorado Colorado River due to the lack of flooding of flow to the Gulf. Likewise the collapse in the surrounding lands. Also the influence of the totoaba fishery in the early 1970’s followed the river for the marine system in this region may be opening of Glen Canyon Dam. Overfishing also reduced. Establishing closed seasons and COLORADO was a factor in the collapse of the totoaba fishery controlling trawling boats also were listed as RIVER DELTA which was banned in 1975, and juvenile popula- BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 57 important to fishermen for managing the ing, protecting and using the wetlands of the fisheries. region. CEDO work has involved commercial divers The following recommendations are made for in Puerto Peñasco who harvest a large number restoring the productive Upper Gulf estuarine of benthic organisms including scallops, octo- system: 1) Support growing community efforts puses and the black murex snail. The group of for responsible fishing, reduced take, estero divers is tightly knit – making them good protection, 2) Study factors affecting survival of candidates for the development of resource co- all life stages of commercial species , i.e. larval management. In particular, the divers are survival as a function of freshwater flow, nutri- concerned about a decline in the snails (one of ents, etc. 3) Make timing of water releases their most important fisheries) – they estimated known to allow for such studies, 4) Maximize the decline of snail from 600 tons in 1993 to 90 production potential of the Upper Gulf to tons in 1999. balance fishermen’s sacrifices and responsible The snails were studied by Richard Cudney behavior for management of resources, and 5) Bueno as part of his master’s thesis at the Appreciate that communities and people in University of Arizona and included diver input Mexico depend on healthy fisheries. on better management. One proposal was a formalized closed season for harvesting the JOSÉ CAMPOY FAVELA snails, including the establishment of a tempo- DIRECTOR, UPPER GULF OF rary “no take” zone for the creature at Isla San CALIFORNIA AND COLORADO RIVER Jorge. The divers began implementing restric- DELTA BIOSPHERE RESERVE: tions on their harvest without the government’s Mr. Campoy said he would provide an formalization. overview of Biosphere Reserve. The crab fishery in Puerto Peñasco is of The reserve was granted reserve status in growing importance in the Upper Gulf as it is a 1993. It is a transition ecosystem located between sustainable high value industry with low the Delta and the coastal marine area, with the incidental catch. The fishermen, in April 2001, on both sides. It is shared by two began working with administrators in the crab states (Baja California and Sonora) and a number industry to monitor crab size and reproductive of coastal communities including Irrigation state to determine the best season closure for the District #14 and the Cocopah Indian Tribe. species. The also have been working with the Because of the diversity, both of the inhabitants, government to formalize sub-commissions of the ecosystems and the organisms, the biosphere fisheries to actively manage the resource for the reserve is a place that should be used for moni- long-term. These efforts are being promoted by toring and research activities including restora- the government, COBI at Kino Bay and CEDO tion opportunities. at Puerto Peñasco. The ecosystems of the reserve are vast and Crabs, shrimp and other fisheries depend on varied, ranging from the dry Sonoran desert, to healthy coastal wetlands. Local and large-scale the estuaries, the Delta and the waters of the threats to these habitats with changes in sedi- Upper Gulf. The goal of the reserve is to protect mentation due to dredging, nutrification and the biodiversity of the ecosystem and this development may destroy these productive includes priority species such as the vaquita, the ecosystems. Citizens are joining together to endemic desert pupfish and other regional discuss how to manage and plan for sustainable organisms. COLORADO use of these wetlands. Pronatura Sonora and This is the first biosphere reserve to have an RIVER DELTA CEDO are working in the Puerto Peñasco region BI-NATIONAL official management program. Since 1985, what SYMPOSIUM to bring interested parties together for monitor- PROCEEDINGS

ENGLISH 58 is now the biosphere reserve was acknowledged date tourists. Work is being done with develop- as an important area for fisheries and for the ers and land owners to minimize the loss of protection and reproduction of marine species, vegetation. such as the totoaba. Internationally, the vaquita The most complicated problem may the was acknowledged in the 1980’s and the impor- impact limited flows are having on biodiversity. tance of the Delta in the 1990’s.The Mexican Sufficient information, not only on species but federal government, through the Secretariat of on entire communities, has shown that a lack of the Environment, began elaboration of the flows to the Delta and the Upper Gulf has management program starting in 1996. created some adverse effects. The biosphere reserve is known as a region of In the past four years, the management high fishing productivity, ecological diversity program has progressed significantly. The and increasing conservation. There are areas, reserve has supported all research projects in the within the reserve, that are of special importance region. The reserve has participated in the letter to migrating bird species. The coastal environ- of intent that has allowed for joint work on the ments, including portions of the Delta, are Delta, between colleagues on both sides of the heavily used by neotropical migratory birds border, to begin in earnest. In 1998, a consulting during both seasons of annual migration. board was established for the reserve. There are Business is important to the region with a number of new ordinances that have been commercial fishing providing important em- established since 1995, particularly with regards ployment and the economic benefits. Conflicts to fishing (in coordination with different fishing between the commercial fishing operations can organizations), and these have been promoted at be intense in some areas, but there has been state, federal and international levels. This also acknowledgment that the reserve is largely a has included work with non-governmental fishery reserve that needs to be managed. organizations and institutions to help present Tourism also is a growing economy around the short-term strategies to preserve the vaquita and reserve, particularly ecotourism in the Golfo alternative projects to fishing for communities. Santa Clara, Pinasco, and the Ejidos of the Delta. In 2002, the reserve will receive additional Issues for the reserve have included working financing, giving it the opportunity to to protect species such as the vaquita. This strengthen and handle the scope of conflicts and demands a great deal of collaboration, coopera- issues within the reserve and its area of influ- tion and paying attention to the needs of all ence. In particular, focus will be taken on the parties involved. Fishing is a main activity in the Indian agencies and indigent communities; a reserve and the decrease in population because baseline will be established and coordinated of this has created conflicts. There was the loss of with research institutions to design effective biodiversity because of shrimping. Intensive monitoring of priority species; and communica- ranching also is of concern and experimentation tion increased to the interior and exterior of the and collaborative work is underway to study the reserve. impact of cattle on flora. Acknowledgment on state, federal and Other potential areas of concern include the international levels that the reserve is a very bioaccumulation of contaminants, especially important ecosystem is a call to Mexicans to high in the Gulf, which could have potential establish a serious, well- planned, well-struc- impacts on the ecosystem because of the lack of tured program to preserve and restore the Delta. outflow from the Colorado River. There has been This acknowledgment could potentially be tied a loss of habitat, such as north of San Felipe, to a Delta research center that would solidify a COLORADO because of increased development to accommo- long-term water management program for the RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 59 Delta, including agricultural water. This also sponsor a joint grants program focused on the includes collaborating with the Salton Sea Delta and Upper Gulf with equal contributions restoration program. from UC MEXUS and CONACYT and additional These efforts should be formalized in legal in-kind support from CICESE. documents. UC MEXUS, CONACYT, and CICESE to- gether issued a special focused Call for Propos- ANDREA KAUS als last Spring to foster collaborative, academic UNIVERSITY OF CALIFORNIA, INSTITUTE and scientific ties between U.S. and Mexican researchers. The Call was based on the UC FOR MEXICO AND THE UNITED STATES MEXUS-CONACYT annual grants program, Ms. Kaus said she would report specifically which provides seed funding for starting on the research program generated by a previ- projects that need to establish the initial data ous meeting. One year ago, the Udall Center for that allow researchers to apply for larger grants Studies in Public Policy at The University of or long-term support from larger institutions. Arizona and the University of California Insti- The grants program for the Delta and Upper tute for Mexico and the United States (UC Gulf has two main goals. One is to support MEXUS) jointly convened the symposium and research that can inform water management and workshop, “To the Sea of Cortés: Nature, Water, policy in the region. Second, the funded projects Culture, and Livelihood in the Lower Colorado are expected to fit into and help to expand and River Basin and Delta” in Riverside, California. strengthen the existing binational network of The meeting represented the convergence of the researchers and research institutions working on border environment programs of both institu- water issues in the region. The review process tions and brought together U.S. and Mexican ended two weeks ago and nine projects were scientists and scholars with government offi- selected out of the proposals submitted. The cials, nongovernmental organizations, and projects are as follows: indigenous and Native American representatives to examine critical problems regarding policy, Jay Barlow, Marine Life Research Group, Scripps management, and conservation in the region. Institution of Oceanography, UC San Diego, & The discussion not only reflected grave concern Horacio de la Cueva Salcedo, Ecología, CICESE regarding the Delta’s future, it also demon- “Habitat Use of the Vaquita (Phocoena sinus): An Acoustic Approach” strated a collective willingness and determina- tion to seek creative binational options for the Tommy D. Dickey & Grace Chang, Geography, UC welfare of the region’s environment and inhabit- Santa Barbara, & Luis G. Alvarez Sánchez, ants. Oceanografía, CICESE “Suspended Sediment Concentration and Fluxes in the One of the strong messages from the meeting Tidal Flats of the Upper Gulf of California” was that viable solutions for the region required current and continuing research, including the John A. Dracup, Civil & Environmental Engineer- development of human resources in terms of ing, UC Berkeley, & Silvia E. Ibarra-Obando, Ecología, CICESE student and research training. As a result, a “The Effects of Hydrologic Variability on the Ecology, small meeting was held three weeks later at Hydrology and Geomorphology of the River Delta” CICESE, the Centro de Investigación Científica y Milton S. Love, Marine Science Institute, UC Santa de Educación Superior de Ensenada, with Barbara, & Oscar Sosa-Nishizaki, Ecología, CONACYT, Mexico’s National Council for CICESE Science and Technology, to discuss the possibili- “Elasmobranchs Fisheries Biology in the Upper Gulf of COLORADO California” RIVER DELTA ties and parameters for a future binational BI-NATIONAL research program in the area. A Memorandum of SYMPOSIUM Understanding was subsequently established to PROCEEDINGS

ENGLISH 60 Leal A.K. Mertes, Geography, UC Santa Barbara, & institutions. The goal from the very start was Alejandro Hinojosa Corona, Geología, CICESE and still is to foster binational research and “The Flood Plains of the Colorado River Delta Seen from Remote Sensing Perspective and Its Relation to training that not only informs policy and man- the Water Flow Crossing the United States-Mexico agement but that also joins with other such Border” programs to form enough of a critical mass of researchers and institutions to be heard and Enric Sala, Center for Marine Biodiversity, Scripps Institution of Oceanography, UC San Diego, & understood when providing such information. Luis E. Calderon-Aguilera, Ecología, CICESE “Ecosystem-based Conservation and Resource Manage- ment of the Upper Gulf of California and Colorado Q&A River Delta: A Mass Balance Approach” (VERBATIM): Richard L. Snyder, Land, Air and Water Resources, UC Davis, & Jesus S. Ruiz, Ciencias Agrícolas, GILLERMO TORRES MOYE: Thank you. Universidad Autónoma de Baja California “Extension of CIMIS to Baja California to Improve Before continuing, this question is for Peggy: Irrigation Efficiency” Are new fishing regulations helping to recover the vaquita? Drew M. Talley, Environmental Science and Policy, UC Davis, & Eric Mellink, Ecología, CICESE “Trophic Structure of the Food Web Supporting Birds PEGGY TURK-BOYER: That’s a very good Nesting on Isla Montague, Delta of the Río Colorado” question. Considering the way in which they are fishing shrimp nowadays, I think that the Libe Washburn, Geography, UC Santa Barbara, & Miguel F. Lavin, Oceanografía Física, CICESE answer would be no. The current fishing prac- “Circulation and Dispersion in the Upper Gulf of tices have a high incidental mortality of vaquita. California” In recent years the capturing of shrimp with gillnets has grown and we know that it has Several other projects that focused on the repercussions for the vaquita population. Delta and Gulf of California were funded Trawlers also capture the vaquita, so it would be through other UC MEXUS grants programs in a matter of, and this is a concern of many, to look 2001, notable among them being a project for alternatives or methods to capture the developed by Daniel Schlenk (Environmental shrimp, that do not have this incidental catch in Sciences, UC Riverside) and Jaqueline García- order for it to be sustainable. And also, I would Hernández (Centro de Investigación en like to say that maximizing productivity through Alimentación y Desarrollo – Unidad Guaymas), adequate Colorado River flow, is an important in conjunction with researchers at The Univer- part of making these fisheries sustainable. sity of Arizona, that is investigating the effects of contaminants in the Colorado River Delta on JOSÉ CAMPOY FAVELA: Has anyone seen a nest success of Yuma clapper rails and burrow- vaquita in the reserve? ing owls. Many people have seen vaquita, at sea and All together, this fledgling research program also on nets and also on the beaches, stranded shows great promise. The projects present a on the beaches. We have seen a series of photo- good initial spread of research areas with graphs. There is a census which was carried out excellent possibilities to integrate together. The in 1998 where the largest schools of vaquita were research on the ecological and hydrological seen, and that is where we had an estimate, the dynamics of the region has implications for estimate in force of the population of vaquita, other river basins as well. Future emphases for which is 700 individuals. There’s a very good COLORADO the program will be to cultivate more research in file of species in collections as well as in photo- RIVER DELTA social sciences and public policy as well as to BI-NATIONAL graphs of vaquita. SYMPOSIUM encourage more participation from additional PROCEEDINGS

ENGLISH 61 What is the best time to visit the reserve as a And we could promote sports fishing for the tourist? benefit of the communities. August 15th at 2:00 o’clock in the afternoon, We were part of the team of Mexican federal that is the best time. No, winter. Winter and institutions that the United States consulted in spring. Remember that the reserve is located in this process of the Interim Surplus Guidelines. one of the most arid and hot areas of the world, And there are written concerns with regards to so I recommend to get in contact with the the concerns of the potential impacts of imple- Sonoran Institute, they promote interesting field menting these guidelines. trips. This also is what we are promoting, along It is important to emphasize that in the with all the local communities. decree, the interim surplus guidelines, it is Vaquita also are impacted by fishing and the specifically emphasized in several paragraphs local culture. Harvesting shrimp is an industry that the transboundary impact is not well- that is very important at a world level. In defined. They request and promote in that countries like Equador, Panama, Costa Rico, decree to continue with the consultation and the Mexico, especially Mexico, this is a very impor- joint consulting work, for example this sympo- tant industry. The farms that are in the reserve, sium, to define the potential impact and to before the decree of the reserve, have been establish mitigation measures in the times as the working for more than ten years to improve the criteria is going to be implemented. industry. There are cases, like for example the lining of And the impact that we have seen is relatively the All-American Canal, which will have an- small. The mitigation is taking place as are the other type of treatment and also a special group regulations with regards to the environment and to deal with this lining aspect. But we have been the specific measures for those activities. It does working in consultation jointly with IBWC and have an impact because the landscape changed IBWC has been consulting us and inviting us to as they used water from the natural environ- the consultation meetings. ment. They discharge waters. It’s economically beneficial, it creates profits. It’s a legal activity PEGGY TURK-BOYER: I have a few ques- that could give economic alternatives to local tions here, and the first question is directed to populations. me and José: How would the halt of shrimping What is the position of the reserve with affect what is proposed by Dr. Alvarez Borrego? regards to the nautical ladder? As I mentioned in one of my slides, we have As I mentioned in my presentation, Pinasco estimated that $22 million U.S. dollars, or $222 and San Felipe are considered within the nauti- million pesos, goes to the local economy from cal ladder. The position is not from the reserve shrimp fishing or other types of fisheries – the as much. The position is from the Secretariat of majority is shrimp. So, if shrimping were elimi- Tourism, to make a sustainable project, ecologi- nated, it would reduce this amount of money as cally and environmentally, not only in that income to the communities and it would affect region but in the Golfo California and Baja, the population tremendously. Though it is California that would give benefits to the local important to note that the proposals that I have communities. heard do not include the suspension of the Personally, and we’re looking at this for the fishing of shrimp completely. Outside of the reserve, it could be a very important alternative reserve, there will be an increase in the effort for San Felipe and Pinasco in order to reduce and there would be income for that activity. COLORADO and decrease the pressure with regards to the And if there’s a development of new methodolo- RIVER DELTA fisheries effort, especially for riparian fishing. BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 62 gies, well, maybe they can continue fishing for I explained during my presentation that the shrimp. ecological regime or the ecological use in rivers Do you have any comments? should be based on studies that tie the hydrol- ogy of the river to the riparian habitat. JOSÉ CAMPOY FAVELA: The industrial What would be the implications if we had a fishing of shrimp with larger ships is very standard like that? important at a national level and we see it on Well, what are the implications in the United both coasts. There are regulations established. States to have a standard like this? If we would What we’re trying to promote is to have more have this type of standard in the United States, precise regulations to protect the reserve, and they do it for every river, and I would ask the that we could restrict, completely or partially, question also. through consultation with the fishing authori- In a country, for example in Germany, where ties, especially those authorities that will give a they were exporting cars that did not comply judgment whether the restrictions that we are with a certain environmental law and they proposing are feasible. There are other restric- demanded it for their country, I would tell them, tions, the excluding of turtles, the excluding of well, you can’t do that. If you say that it’s bad fishes. We are looking at times, efforts, quotas for your country to have these emissions, why and specific volumes for the small fleet and the are you sending automobiles to our country that larger fleet. do have those emissions? So in order to be This is very complicated work that has many equal, the consequence of ecological use that sides, but the intention is that at least the drag- would be determined for the Colorado River ging and the impact could be minimized in the should be shared by both countries. Basically, near future within the reserve. But it’s not our we should wait for an equal treatment in Mexi- intention to prohibit it completely in the Gulf, can territory than what we would like to have in but to ensure that in the buffer zone we have a Mexican territory and visa-versa, that would be sustainable fishing with the least impact pos- the implication, to have equal treatment in both sible. countries. And since all the people who spoke before me ALBERTO JAIME PAREDES: I have several and everybody after me said that they were questions here. One says: Is it possible to ascribe going to be very brief, I will also be very brief. I water for ecological use and what would be the imagine that a representative from this group is implications of doing so to international treaties asking: What is your opinion of the listing of the of water allocation in the Rio Colorado Delta? American Rivers Group that says that this river With regards to this, we have received several is endangered? opinions that to make a rule for ecological use I apologize for my ignorance, but I don’t would be to commit ourselves because of the know what the parameters are for this organiza- large diversity of regimens and the large number tion to declare an endangered river. I believe that of rivers that we have in our country. In Mexico the Colorado River is one of the most controlled we have rivers that 363 days a year do not carry rivers in the world, it has a very important any water and two they do. In others, flows are control. There are many contradictory things. permanent. But the majority have torrential use The Golden Group took geological centuries to during rain that they don’t have any sustained form, and it’s funny, the arms of the Hoover water flow, so it’s not easy to have a Mexican Dam are very important now for the people in official ecological standard with the high diver- the U.S. All the geological stage in which the COLORADO sity of rivers. river was formed completely to give way to the RIVER DELTA BI-NATIONAL Delta, and the interaction with the Upper Gulf of SYMPOSIUM PROCEEDINGS

ENGLISH 63 California is not very important. We have to Then they ask Mike and myself: If there defend the lake but not the upper part of the would be an ecological quota, where would we California Gulf. have to discharge it? And I think that Michael I think that by stretches, the Colorado River is has something to say. in excellent condition, and by stretches it’s also in very bad condition. It depends on how we MIKE CLINTON: Maybe we would have to judge the river. In the last 100 years, human divide that ecological use into sections. My beings, all the users of the Colorado River, have suggestion would be that we should always changed the features of this river: the hydrol- explore first to use the existing infrastructure. ogy, the ecology, and the ecosystem. This is The work we have done suggests that protect- indubitable, but I don’t know what we consider ing the existing habitat resource in the main an endangered river. In danger of what? stem corridor below Morelos Dam, all the way We should see the Rio Colorado as what it is down to the Cocopah complex, is a very impor- right now: a controlled river, very well con- tant purpose here in the near term, while we trolled, and we have modified it substantially. seek knowledge to determine what is needed in Now, to say that we can revert that, I think a longer term. that that is an illusion. I do not agree that we can Also, I see another purpose and reason for say we can promise environmental protection. this work. We’ve talked this morning about the Man should stop being the center of that judg- need for additional research to know how much ment to carry out studies that would allow us to water is needed, how different kinds of water say, okay, we have to carry out these and these quality can be used. I would propose and actions. If we don’t have an anthropocentric suggest that if we are able to build a consensus vision of what is environmental protection, among the parties on both sides of the border everything else is just a story because there’s no that some interim water supplies should be other species in the world that sees that we have provided for this period in the next three to five to protect the environment, and there’s no years, a part of that water resource ought to be species in the world that has the capability. The used to validate the research work that’s going human being, if we protect the environment, on by people such as Mark Briggson habitat then we will have a certain order. But if we alter restoration and possibly on shrimp farming in that order, that’s chaotic alteration of order and the Delta. we will alter the Colorado River in a chaotic A laboratory without any equipment is not way. very useful. The equipment for understanding This is 60,000 million cubic meters is equiva- how this Delta operates is water. During this lent to the main dams in Mexico. We’re talking next interim period, three, five years, I think the about very large volumes of water that were use of this water ought to be first to protect the captured and that are not flowing. This is not existing habitats and secondly, to support the only in Colorado, this is in the majority of the research work that’s needed. This is a very high rivers in the world, in Europe and Asia and now calling and very important to all of us. in Africa and Mexico and in South America. So this is a problem. I don’t like the term endangered river. This is a very controlled river, and we have to mention it that way, but we cannot say that we will return COLORADO the river to the way it was at the beginning of RIVER DELTA the relationship. BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 64 Closing trial sectors and apply some of the con- served water to environmental purposes; Remarks • Promote the transfer of state-of-the-art technology, both countries would adapt principals with unilateral actions; FRANCISCO BERNAL RODRÍGUEZ • Continue bi-national efforts to determine INTERNATIONAL BOUNDARY AND the use and quality of the water necessary, WATER COMMISSION, MEXICAN the scope of the region, and the engineer- SECTION: ing and operational aspects of supplying On behalf of the Mexican delegation, here is a the water, needed to sustain the Delta summary of a document that outlines the actions ecosystem. This should include participa- developed by the delegation based on the tion from scientists, academia and NGO’s; presentations, poster content and questions • Obtain a comprehensive view of environ- asked by participants at the symposium. mental problems in the region; The Delta and Upper Gulf have been ac- • Promote the financial support, in both knowledged as important ecosystems due to countries, of environmental studies of the their biodiversity and the presence of endemic Delta and include bilateral and trilateral species, some of which are in danger of extinc- institutions with expertise; tion. Existing water treaties do not include the • Promote water recycling in urban areas and environment as a user of water from the Colo- evaluate the possibility of channeling the rado River Basin. This should be taken into water to Delta wetlands; consideration during decision-making processes • Strengthen was quality monitoring and and during studies by the governments, scien- adopt legal water quality framework for tists, academia and NGOs of both countries. water ascribed to the Delta; Additional studies by the fourth bi-national • The potential for federal, state and local technical group, to be coordinated by the IBWC entities to work together to acquire water should address the following: rights for environmental purposes; • Implement specific restoration sites imme- • The Delta should be considered within the diately; Interim Surplus Guidelines currently being • Identify measures in both countries to re- implemented in the U.S.; establish a water source to maintain and • Technically and financially support institu- sustain riparian areas; tions and organizations currently working • Identify native vegetation in riparian areas in the Delta; and wetlands; • Finally, to increase public participation on • Quantify the relations between fresh water both sides of the border through NGOs, flows in the Delta and the aquatic species academia and specifically, communities in in the Gulf; the Delta and form a coalition of interested • Explore opportunities for ecotourism; organizations. • Explore creating a new research center related to aspects of the Lower Colorado BOBBY YBARRA River Basin and the Upper Gulf; INTERNATIONAL BOUNDARY AND • Both governments would be committed to WATER COMMISSION, U.S. SECTION: contributing volumes of water to protect With respect to the comments concerning COLORADO and restore the Delta ecosystem; community participation, it is a main stay of the RIVER DELTA • Promote conservation and efficient water work done in the U.S. and though not always to BI-NATIONAL use in the agricultural, urban and indus- everyone’s satisfaction, it is a main stay. SYMPOSIUM PROCEEDINGS

ENGLISH 65 The symposium had objective developed There are no immediate solutions. It takes through a six-month process that involved the time and work. agencies mentioned by Francisco Bernal. It The planning group is invited to volunteer involved non-governmental organizations and their efforts again to support the IBWC, Depart- academic organizations. The idea was to provide ment of Interior, to help organize the next information to expert stakeholders and decision- workshop on some of the more specific areas makers, concerning the Delta. that need further identification. The intent was to educate as many of those far away from the border that have little knowl- GUILLERMO TORRES MOYE edge of the Delta as possible so they would AUTONOMOUS UNIVERSITY OF BAJA know the impacts on the Delta and what Delta CALIFORNIA: restoration would be like. This is being done in When Francisco Bernal discussed the possibil- the context of an international agreement that is ity that the Autonomous Unviersity of Baja a long-term process. The results will not be California could be the headquarters for a immediate but to create a framework of interna- symposium like this, for a meeting of great tional cooperation is an important accomplish- importance to the Delta, the president accepted. ment. People of Baja California should become in- I would like to thank everyone involved and volved in these open, participative processes in to recite the objectives of why we are here and in order to re-establish healthy environmental recognition of the respective governments’ conditions on the Colorado River. interest in the preservation of the riparian Robert Ybarra and Francisco Bernal men- ecology of the Delta: tioned the objectives covered in this meeting and • To improve the knowledge base of the the manner in which to carry them out. Some expert stakeholders, decision-makers on issues were left in the air, but this is only the institutional and legal matters (first panel), beginning. water conveyance and distribution (second The symposium opens doors so that Ameri- panel), and as was seen today, ecological cans and Mexicans can start establishing the and scientific studies; scientific arguments that can be used as elements • And to identify the water needs for the for negotiations to restore a sustainable Colo- Colorado River Delta and the obstacles in rado River Delta involving community partici- the way of meeting those needs. pation. On the U.S. side, the partnership will involve The symposium, at 1:45 p.m. on September academics, the non-governmental community; 12, 2001, is formally concluded. Congratulations the Department of Interior with all of its agen- to the organizers and thank you for coming. I cies – the Bureau, Fish and Wildlife – and others including the U.S. International Boundary and Water Commission and the Department of State. To do this will require a great deal of consen- sus. As Under Secretary of Water Resource Bennett Raley said in his opening remarks that he would like this partnership to adhere to five principals – recognize the river as bi-national; have respect for the sovereignty of both coun- COLORADO tries; enhance community participation; and RIVER DELTA identify data gaps; and identify a solution based BI-NATIONAL SYMPOSIUM on solid science. PROCEEDINGS

ENGLISH 66 Attendee Appendix

Due to the events of September 11, 2001 in the United Sharon Blackwell States, a complete and accurate attendee list from the Deputy Commissioner, Bureau of Indian Affairs symposium was not entirely possible. The following is the Washington, D.C. most thorough attendee list available. Charlie Blasingame The Hon. Wayne Allard La Plata Conservancy District U.S. Senator La Plata, NM Washington, D.C. Jim Bond Lloyd Allen Director Board Member San Diego County Water Authority Imperial Irrigation District San Diego, CA Calipatria, CA Ben Bracken D. Larry Anderson Manager Director Green River/Rock Spring/ Sweetwater Co. Utah Division of Water Resources Joint Powers Water Board Salt Lake City, UT Green River, WY

Susan Anderson Mary Brandt The Nature Conservancy David Van Hoogstraten Tucson, AZ Department of State Washington, D.C. Lorenzo Arriago Bureau of Reclamation Mark Briggs El Paso, TX Sonoran Institute Tucson, AZ Joseph Babb U.S. Embassy, Mexico City Dan Budd Laredo, TX Wyoming Interstate Stream Commissioner Big Piney, WY Scott M. Balcomb Balcomb & Greene, P.C. Richard Bunker Glenwood Springs, CO Chairman Colorado River Commission of Nevada Jack Barnett Las Vegas, NV Executive Director Colorado River Basin Salinity Control Forum Fred Cagle Bountiful, UT Sierra Club San Diego, CA Doug A. Barnum Salton Sea Science Office The Hon. Ben Nighthorse Campbell, La Quinta, CA U.S. Senator Washington, D.C. Mary Belardo Chairwoman The Hon. Chris Cannon Torres Martinez Desert Cahuilla Indians U.S. Representative Thermal, CA Washington D.C.

The Hon. Robert Bennett Thomas Carr, Section Manager U.S. Senator Arizona Department of Water Resources Washington D.C. Phoenix, AZ

Mike Besson Nick Carrillo Administrator U.S. Fish & Wildlife Service Wyoming Water Development Commission Phoenix, AZ Cheyenne, WY Richard Cheney COLORADO Jane Bird Chairman RIVER DELTA Assistant to Executive Director & General Council New Mexico Interstate Stream Commission BI-NATIONAL Farmington, NM Upper Colorado River Commission SYMPOSIUM Salt Lake City, UT PROCEEDINGS

ENGLISH 67 Jim Cherry Thomas J. Davidson, Bureau of Reclamation Deputy Attorney General Wyoming Yuma Area Office Water & Natural Resources Litigation Section Yuma, AZ Cheyenne, WY

Michael Clinton Bill DeBuys Michael Clinton Engineering The Conservation Fund Las Vegas, NV Santa Fe, NM

Mike Cohen Bill DiRienzo Pacific Institute Water Quality Spec/Watershed Boulder, CO Water Quality Div. Cheyenne, WY Kimberly Collins, Director California Center for Border & Regional Ecological Herb Dishlip Studies Assistant Director Imperial Valley Campus Arizona Department of Water Resources San Diego State University Phoenix, AZ Calexico, CA David Donnely Chelsea Congdon Deputy General Manager Snowmass, CO Southern Nevada Water Authority Las Vegas, NV Wayne E. Cook Executive Director Kevin Doyle Upper Colorado River Commission Director Salt Lake City, UT National Wildlife Federation San Diego, CA Steve Cornelius Sonoran Institute Larry Dozier Tucson, AZ Central Arizona Project Chairman Phoenix, AZ Tim Coulter Executive Director Carlos Duarte Indian Law Resource Center International Boundary & Water Commission Helena, MT El Paso, TX

Peter Culp William I. DuBois University of Arizona Law School Director, Natural Resources Tucson, AZ California Farm Bureau Federation Sacramento, CA Amy Cutler U.S. Bureau of Reclamation Mark Duncan Upper Colorado Region Chairman Salt Lake City, UT San Juan Water Commission Farmington, NM Amanda Cyphers Chair-Board of Directors Jim Dunlap Southern Nevada Water Authority San Juan Rural Domestic Water Users Las Vegas, NV Kirtland, NM

David Czamanske Mitchell Ellis Sierra Club Imperial National Wildlife Reserve S. Pasadena, CA Yuma, AZ

Nancy Dallett John Entsminger Arizona Humanities Council Legal Counsel Phoenix, AZ Southern Nevada Water Authority Las Vegas, NV James Davenport COLORADO Colorado River Commission of Nevada Joe Feller Las Vegas, NV College of Law RIVER DELTA Arizona State University BI-NATIONAL Tempe, AZ SYMPOSIUM PROCEEDINGS

ENGLISH 68 Charles Fisher Glenn Gould International Boundary & Water Commission Bureau of Reclamation -Lower Co Reg. El Paso, TX Boulder City, NV

Karl Flessa Professor Richard Gordon Department of Geosciences Morrison School of Agribusiness University of Arizona AZ State University Tucson, AZ Mesa, AZ

Tim Flood Lorri Gray Friends of Arizona Rivers U.S. Bureau of Reclamation Phoenix, AZ Lower Colorado Region Boulder City, NV Lisa Force Living Rivers Charles Groat, Director Scottsdale, AZ U.S. Geological Survey-Department of the Interior Reston, VA Johnny Francis Water Management Branch Elston Grubaugh, Navajo Nation General Superintendent Ft. Defiance, AZ Imperial Irrigation District Imperial, CA Milt Friend National Wildlife Health Center Herb Guenther Salton Sea Science Office State Senator Madison, WI Senate House Phoenix, AZ Michael R. Gabaldon Washington, D.C. Thomas Hannigan Director Pat Galaz Department of California Water Resources Agua Caliente Band of Cahuilla Indians Sacramento, CA Palm Springs, CA Marcia Hanscom David H. Getches Wetlands Action Network University of Colorado, School of Law Malibu, CA Boulder, CO Gary Hansen Gerald A. Gewe Colorado River Indian Tribes Assistant General Manager-Water Parker, AZ Los Angeles Dept. of Water & Power Los Angeles, CA The Hon. James V. Hansen, U.S. Representative Kara Gillon Washington, D.C. Defenders of Wildlife Washington D.C. Jayne Harkins Bureau of Reclamation Steve Glazer Boulder City, NV Sierra Club Colorado River Task Force Crested Butte, CO Chris Harris Colorado River Board of California Dr. Ed Glenn Glendale, CA Environmental Research Laboratory University of Arizona The Hon. Orrin G. Hatch Tucson, AZ U.S. Senator Washington, D.C. Robert Glennon University of Arizona Chris Hayes College of Law Regional Mgr.-Dept. of G&F Tucson, AZ Inland Deserts-Eastern Sierra Region Long Beach, CA COLORADO Rick Gold RIVER DELTA U.S. Bureau of Reclamation Eric Hecox BI-NATIONAL Salt Lake City, UT Indiana State University Bloomington, IN SYMPOSIUM PROCEEDINGS

ENGLISH 69 Tim Henley Luke Johnson Manager Washington, D.C. Arizona Department of Water Resources Phoenix, AZ Norm Johnson Utah Asstant Attorney General Laura Herbranson Salt Lake City, UT U.S. Bureau of Reclamation Lower Colorado Region Rick Johnson Boulder City, NV Southwest Rivers Flagstaff, AZ C. R. Hibbs The William & Flora Hewlett Foundation Robert Johnson Mexico Regional Director U.S. Bureau of Reclamation Tom Hine Lower Colorado Region Consultant Martinez & Curtis Boulder City, NV Phoenix, AZ Jeanine Jones David Hogan Department of California Water Resources Center for Biological Diversity Sacramento, CA San Diego, CA Virgil L. Jones Patrick Holmes J & J Ranches Colorado College Blythe, CA Colorado Springs, CO Andrea Kaus Kent Holsinger U.C. Mexus Assistant Director University of California at Riverside Colorado Department of Natural Resources Riverside, CA Denver, CO Charles Keene Jennifer Holthaus California Department of Water Resources Packard Foundation Glendale, CA Los Altos, CA Michael Kellner Sherm Hoskins Manager-Env. Resources Deputy Director Agua Caliente Band of Cahuilla Indians Utah Department of Natural Resources Palm Springs, CA Salt Lake City, UT Robert V. King Stuart Hurlbert Interstate Streams Engineer San Diego State University Utah Division of Water Resources Center for Inland Waters Salt Lake City, UT San Diego, CA Arleen Kingery (Quechan) Sabine Huymen Ft. Yuma Indian Reservation University of Redlands Yuma, AZ Salton Sea Database Program Redlands, CA Randy Kirkpatrick Executive Director Pamela Hyde San Juan Water Commission Executive Director for Policy Farmington, NM Southwest Rivers Flagstaff, AZ John Klein U.S. Geological Survey-Department of the Interior Helen Ingram Sacramento, CA Warmington Endowed Chair University of California-Irvine Rod Kuharich Irvine, CA Division Director Colorado Water Conservation Board COLORADO Josh Johnson Denver, CO Staff Director RIVER DELTA Subcommitee on Water and Power Katherine Kuhlman BI-NATIONAL House Resource Committee U.S. Environmental Protection Agency SYMPOSIUM Washington, D.C. Region 9 PROCEEDINGS San Francisco, CA

ENGLISH 70 Steve Lanich Dr. Eugenia McNaughton Legislative Staff U.S. EPA US House of Representatives Region 9 Washington, D.C. San Francisco, CA

Phillip Lehr Bob Merideth Colorado River Commission of Nevada Assistant Director Las Vegas, NV Udall Center for Studies Public Policy University of Arizona Tom E. Levy Tucson, AZ General Manager & Chief Engineer Coachella Valley Water District Dave Merritt Coachella, CA Colorado Water Conservation District Colorado Springs, CO David Lindgren Downey, Brand, Seymour and Rohwer Robert Mesta Sacramento, CA Sonoran Desert JV Coordinator Bureau of Land Management Dennis Linskey, Coordinator Tucson, AZ U.S.-Mexico Border Affairs U.S. Department of State Suzanne Michel Washington, D.C. Institute for Regional Studies of the CA SDSU Deborah Livesay Santee, CA Torres Martinez Desert Cahuilla Indians Thermal, CA Suzanne Michel Compton Foundation Jim Lochhead Menlo Park, CA Brownstein, Hyatt & Farber, P.C. Glenwood Springs, CO Gordon Mickelson D.V.M. Jack Loeffler Big Piney, WY National Public Radio/Moving Waters Santa Fe, NM Bruce Monroe Sierra Club Daniel Luecke Seal Beach, CA Environmental Defense Boulder, CO Tony Morton Bureau of Reclamation Carlos Marin Upper Colorado Region International Boundary & Water Commission Salt Lake City, UT United States Section El Paso, TX Patricia Mulroy General Manager Zane Marshall Southern Nevada Water Authority Environmental Biologist Las Vegas, NV SNWA Resources Department Las Vegas, NV Stephen Mumme Department of Political Science Jan Matusak Colorado State University Metropolitan Water District of Southern California, Fort Collins, CO Los Angeles, CA Claudia Vigil-Muniz Jim McDivitt President Acting Assist Secretary of Indian Affairs Jicarilla Apache Nation Washington, D.C. Dulce, NM

The Hon. Scott McInnis Philip B. Mutz U.S. Representative New Mexico Interstate Stream Commission Washington, D.C. Santa Fe, NM COLORADO Malissa Hathaway McKeith Pamela Nagler RIVER DELTA Attorney at Law Tucson, AZ BI-NATIONAL Loeb & Loeb, LLP, Los Angeles, CA SYMPOSIUM PROCEEDINGS

ENGLISH 71 Josh Newcom Bennett Raley, Water Education Foundation Assistant Secretary of Water & Science Sacramento, CA Department of the Interior Washington, D.C. Bryan Nix Board of Directors Alberto Ramariz Southern Nevada Water Authority Torres Martinez Desert Cahuilla Indians Las Vegas, NV Thermal, CA

Wade Noble Carlos Ramirez Wellton Mohawk Irrigation & Drainage District International Boundary & Water Commission Yuma, AZ El Paso, TX

Sergio L. Nunez Carlos Rincon Community Organizer Environmental Defense Indio, CA El Paso, TX

Tom O’Halleran, Bill Rinne Arizona State Representative U.S. Bureau of Reclamation Phoenix, AZ Lower Colorado Region Boulder City, NV David Orr Glen Canyon Action Network Charles Van Riper Moab, UT U.S. Geological Survey, Forest & Rangeland Ecosystem Science Center Michael Pearce Northern Arizona University Chief Council Flagstaff, AZ Arizona Department of Water Resources Phoenix, AZ David Robbins Salinity Control Forum Charles Pelizza ViceChair Hill & Robbins, P.C. Sonny Bono Salton Sea National Wildlife Refuge Denver, CO Calipatria, CA Renee L. Robichaud Carlos Pena Imperial National Wildlife Refuge International Boundary & Water Commission Yuma, AZ El Paso, TX Doug Ryan Randall Peterson North American Waterfowl & Wetlands Office U.S. Bureau of Reclamation Arlington, VA Upper Colorado Region Salt Lake City, UT Tom Ryan Bureau of Reclamation Jennifer Pitt Salt Lake City, UT Environmental Defense Boulder, CO Charlie Sanchez U.S. Fish & Wildlife Service Gary Pitzer Albuquerque, NM Water Education Foundation Sacramento, CA D. L. Sanders New Mexico Interstate Stream Commission Donald Pope Santa Fe, NM Manager Yuma County Water Users Association Joseph Sax Yuma, AZ University of California Berkeley, CA Sara Price Deputy Attorney General Jack Schmidt Colorado River Commission of Nevada Utah State University Las Vegas, NV North Logan, UT COLORADO Michael Quealy Dr. Rick Van Schoik RIVER DELTA Chief of Natural Resources Section Southwest Center for Environmental Research BI-NATIONAL Utah Asst. Attorney General & Policy SYMPOSIUM Salt Lake City, UT San Diego, CA PROCEEDINGS

ENGLISH 72 D. Randolph Seaholm Jim Stefanov Chief of Water Supply Protection, International Boundary & Water Commission Colorado Water Conservation District El Paso, TX Denver, CO Nicole Maria Stoduto Kurt Segler Defenders of Wildlife Southern Nevada Water Authority Washington, D.C. Las Vegas, NV Ann Strand John M. Seidl Colorado River Basin Coordinating Council Moore Foundation Rock Springs, WY San Francisco, CA Robert Streeter Lani Shaw Ducks Unlimited General Service Foundation Fort Collins, CO Aspen, CO John Stroud John W. Shields New Mexico Interstate Stream Commission Interstate Streams Engineer Santa Fe, NM Wyoming State Engineer’s Office Cheyenne, WY Mike Sullivan Hammond Conservancy District Gerald D. Shoaf Bloomfield, NM Managing Partner Redwine and Sherrill Everett Sunderland Riverside, CA Staff Engineer Upper Colorado River Commission Jesse Silva Salt Lake City, UT General Manager Imperial Irrigation District Bill Swan Imperial, CA Consultant Scottsdale, AZ Chad Smith Fort Mojave Indian Tribe John Swartout Dale Phillips Governor’s Environmental Policy Advisor Vice Chairman Colorado State Capitol Mojave Valley, AZ Denver, CO

Joseph C. Smith John Swenson Director Director Arizona Department of Water Resources Environmental Protection Office Phoenix, AZ Cocopah Indian Tribe Somerton, AZ Pati Smith Field Representative Karen Tachiki Senator Craig Thomas McGuire Environmental Consultants, Inc Rock Springs, WY Newport Beach, CA

Robert Snow Dan Taylor Office of the Solicitor National Audubon Society U.S. Department of the Interior Sacramento, CA Washington, D.C. David Todd Colin Soto EPA Director Cocopah Tribe Chemehuevi Indian Tribe Somerton, AZ Havasu Lake, CA

Sam Spiller David P. Trueman U.S. Fish & Wildlife Service U.S. Bureau of Reclamation Phoenix, AZ Upper Colorado Region Salt Lake City, UT COLORADO Maureen Stapleton RIVER DELTA General Manager James Turner BI-NATIONAL San Diego County Water Authority Chairman of the Board San Diego, CA San Diego County Water Authority SYMPOSIUM San Diego, CA PROCEEDINGS

ENGLISH 73 Patrick T. Tyrrell Dr. Nicholas P. Yensen Wyoming State Engineer CEO Wyoming State Engineer’s Office, NyPa International Cheyenne, WY Tucson, AZ

Dennis Underwood Laura Yoshi Senior Executive Assistant to the General Manager Acting Regional Administrator Metropolitan Water District of Southern California, U.S. Environmental Protection Agency Los Angeles, CA Region 9 San Francisco, CA Michael Vamstad Calexico, CA Walter Zachritz Executive Director for CALEM Robert Varady Desert Research Institute Director of Environmental Programs Las Vegas, NV Udall Center for Studies in Public Policy University of Arizona John Zebre Tucson, AZ Past President, Colorado River Water Users Association Greg Walcher Rock Springs, WY Executive Director Colorado Department of Natural Resources Gerald R. Zimmerman Denver, CO Executive Director Colorado River Board of California Gary Weatherford Glendale, CA Weatherford & Taaffe LLP San Francisco, CA

Deborah Weinstein Department of Interior National Park Service, River & Trails Salt Lake City, UT

Richard Westergard Commissioner Colorado River Commission of Nevada Las Vegas, NV

John Whipple New Mexico Interstate Stream Commission Santa Fe, NM

Myra Wilensky National Wildlife Federation San Diego, CA

Kimery Wiltshire William C. Kenney Watershed Project Sausalito, CA

Pete Wolfe University of Colorado Graduate School of Public Affairs Denver, CO

Manuel Ybarra International Boundary & Water Commission El Paso, TX

COLORADO RIVER DELTA BI-NATIONAL SYMPOSIUM PROCEEDINGS

ENGLISH 74